Cedric Funderburk appeals the district court’s order dismissing as untimely 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 certificate of appealability and dismiss the appeal on the reasoning of the district court. See Funderburk v. Jackson, No. CA-00-263-1 (M.D .N.C. Nov. 6, 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.