UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 99-7411

ROBERT ALLEN SARTORI, Petitioner - Appellant, versus

RANDY LEE, Superintendent of Caledonia Correc- tional Institution; MICHAEL EASLEY, Attorney General of North Carolina, Respondents - Appellees.

Appeal from the United States District Court for the Western District of North Carolina, at Asheville. Graham C. Mullen, Chief District Judge. (CA-99-135-1-MU)

Submitted: May 31, 2000 Decided: June 16, 2000

Before MURNAGHAN and KING, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Robert Allen Sartori, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM: Robert Allen Sartori appeals the district court’s order deny- ing relief on his petition filed under 28 U.S.C.A. § 2254 (West 1994 & Supp. 2000). We have reviewed the record and the district court’s opinion and find no reversible error. Accordingly, we deny a certificate of appealability, deny Sartori’s motion for appoint- ment of counsel, and dismiss the appeal on the reasoning of the district court. See Sartori v. Lee, No. CA-99-135-1-MU (W.D.N.C. Sept. 29, 1999). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED