UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 00-6730

WILLIAM R. SMITH,

Petitioner - Appellant,

versus

PHOEBE JOHNSON, Warden; CHARLES M. CONDON, Attorney General,

Respondents - Appellees.

Appeal from the United States District Court for the District of South Carolina, at Columbia. David C. Norton, District Judge. (CA-00-922-3-18)

Submitted: September 8, 2000 Decided: September 18, 2000

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

Dismissed by unpublished per curiam opinion.

William R. Smith, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

William R. Smith seeks to appeal the district court’s order

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 magistrate

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

tificate of appealability and Smith’s motion for judicial notice

and dismiss the appeal on the reasoning of the district court. See

Smith v. Johnson, No. CA-00-922-3-18 (D.S.C. May 5, 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

2