UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 00-7339

ALVIN LEE GREGORY, Petitioner - Appellant, versus

HOWARD H. PAINTER, Warden, Mount Olive Cor- rectional Complex, Respondent - Appellee.

Appeal from the United States District Court for the Southern Dis- trict of West Virginia, at Charleston. Charles H. Haden II, Chief District Judge. (CA-00-182-2)

Submitted: November 30, 2000 Decided: December 7, 2000

Before NIEMEYER, LUTTIG, and MICHAEL, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Alvin Lee Gregory, Appellant Pro Se. Dawn Ellen Warfield, OFFICE OF THE ATTORNEY GENERAL OF WEST VIRGINIA, Charleston, West Vir- ginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

Local Rule 36(c).

PER CURIAM: Alvin Lee Gregory seeks to appeal the district court’s order denying 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 accepting the recommendation of the magistrate judge and find no reversible error. Accordingly, we deny a certif- icate of appealability and dismiss the appeal on the reasoning of the district court. Gregory v. Painter, No. CA-00-182-2 (S.D.W.

Va. Aug. 14, 2000). We dispense with oral argument because the facts and legal contentions are adequately presented in the mate- rials before the court and argument would not aid the decisional process.

DISMISSED