UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 00-6671

RICHARD PADGETT,

Petitioner - Appellant,

versus

WILLIE WELDON, Warden of Lieber Correctional Institution; CHARLES M. CONDON, Attorney Gen- eral of the State of South Carolina,

Respondents - Appellees.

Appeal from the United States District Court for the District of South Carolina, at Charleston. Henry M. Herlong, Jr., District Judge. (CA-97-3922-9-20RB)

Submitted: August 22, 2000 Decided: September 12, 2000

Before WIDENER, NIEMEYER, and LUTTIG, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Richard Padgett, Appellant Pro Se. Donald John Zelenka, Chief Deputy Attorney General, Columbia, South Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:

Richard Padgett seeks to appeal the district court’s order on

remand denying relief on his petition filed under

(West 1994 & Supp. 2000). We have reviewed the record and the

district court’s opinion accepting the recommendation of the magis-

trate judge and find no reversible error. Accordingly, we deny a

certificate of appealability and dismiss the appeal on the rea-

soning of the district court. See Padgett v. Weldon, No. CA-97-

3922-9-20RB (D.S.C. May 1, 2000). 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

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