UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 00-7689

TONY SHULER,

Petitioner - Appellant,

versus

GERALDINE P. MIRO, Warden, ACI; SOUTH CAROLINA DEPARTMENT OF CORRECTIONS; CHARLES M. CONDON, Attorney General of the State of South Carolina,

Respondents - Appellees.

Appeal from the United States District Court for the District of South Carolina, at Columbia. Margaret B. Seymour, District Judge. (CA-99-1868-3-24BC)

Submitted: February 8, 2001 Decided: February 15, 2001

Before WILKINS, MOTZ, and TRAXLER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Tony Shuler, Appellant Pro Se. William Edgar Salter, III, OFFICE OF THE ATTORNEY GENERAL OF SOUTH CAROLINA, Columbia, South Caro- lina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.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

Tony Shuler seeks to appeal the district court’s orders deny-

ing relief on his petition filed under

(West

1994 & Supp. 2000), and denying his motion to reconsider. 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 certificate of appealability and

dismiss the appeal on the reasoning of the district court. Shuler

v. Miro, No. CA-99-1868-3-24BC (D.S.C. filed Sept. 7, 2000; entered

Sept. 8, 2000, & filed Oct. 30, 2000; entered Oct. 31, 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