UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 01-7789

DAVID JUNIOR SHIVELEY, Petitioner - Appellant, versus

PAUL KIRBY, Commissioner, Respondent - Appellee.

Appeal from the United States District Court for the Southern District of West Virginia, at Beckley. Charles H. Haden II, Chief District Judge. (CA-99-392)

Submitted: March 25, 2002 Decided: April 16, 2002

Before WILLIAMS, TRAXLER, and GREGORY, Circuit Judges.

Dismissed by unpublished per curiam opinion.

David Junior Shiveley, Appellant Pro Se. Dawn Ellen Warfield, OFFICE OF THE ATTORNEY GENERAL OF WEST VIRGINIA, Charleston, West Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM: David Junior Shiveley appeals the district court’s order denying relief on his petition filed under 28 U.S.C.A. § 2254 (West 1994 & Supp. 2001). 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 Shiveley v. Kirby, No. CA-99- (S.D.W. Va. Sept. 17, 2001). 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