Michael Dwayne Tuck appeals 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 certificate of appealability and dismiss the appeal on the reasoning of the district court. See Tuck v. Angelone, No. CA-01-275 (E.D.Va. Dec. 12, 2002). We also deny leave to proceed in forma pauperis. We dispense with oral argument because the *155 facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED.