James Stuckey appeals the district court’s order denying relief on his petition filed under 28 U.S.C.A. § 2254 (West 1994 *124 & 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 certificate of appealability and dismiss the appeal on the reasoning of the district court. Stuckey v. Kirby, No. CA-98-122-1 (N.D.W.Va. Mar. 21, 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.