UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 00-6608

DERRICK EMMANUEL ALLEN,

Petitioner - Appellant,

versus

THEODIS BECK, Secretary of Correction,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern Dis- trict of North Carolina, at Raleigh. Malcolm J. Howard, District Judge. (CA-99-363-HC-5-H)

Submitted: September 29, 2000 Decided: October 12, 2000

Before WIDENER and WILKINS, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Derrick Emmanuel Allen, Appellant Pro Se. Clarence Joe DelForge, III, OFFICE OF THE ATTORNEY GENERAL OF NORTH CAROLINA, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Derrick Emmanuel Allen 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 dis-

trict court’s opinion and find no reversible error. Accordingly,

we affirm on the reasoning of the district court. See Allen v.

Beck, No. CA-99-363-HC-5-H (E.D.N.C. Mar. 28, 2000). We deny

Allen’s motion for appointment of counsel. 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.

AFFIRMED

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