UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 99-7206

WAYNE A. DERRYBERRY, Petitioner - Appellant, versus

HOWARD PAINTER, Acting Warden, Respondent - Appellee, and GEORGE TRENT, Warden, Mount Olive Correctional Complex, Defendant.

Appeal from the United States District Court for the Southern Dis- trict of West Virginia, at Beckley. David A. Faber, District Judge. (CA-97-988-5)

Submitted: January 31, 2000 Decided: February 9, 2000

Before WILLIAMS and KING, Circuit Judges, and HAMILTON, Senior Cir- cuit Judge.

Dismissed by unpublished per curiam opinion.

Wayne A. Derryberry, Appellant Pro Se. Darrell V. McGraw, Jr., Dawn Ellen Warfield, OFFICE OF THE ATTORNEY GENERAL OF WEST VIR- GINIA, Charleston, West Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM: Wayne A. Derryberry appeals the district court’s orders de- nying relief on his petition filed under 28 U.S.C.A. § 2254 (West 1994 & Supp. 1999), and denying him a certificate of appealability.

We have reviewed the record, and the district court’s opinion accepting the recommendation of the magistrate judge, and the dis- trict court’s orders and find no reversible error. Accordingly, we deny Derryberry’s motion for appointment of counsel, deny a certif- icate of appealability, and dismiss his appeal on the reasoning of the district court. See Derryberry v. Painter, No. CA-97-988-5 (S.D.W. Va. Mar. 30 & Aug. 20, 1999). We dispense with oral argu- ment because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED