*631 ON PETITION FOR REHEARING

Eugene C. Nicholas appeals the district court’s order denying relief on his petition filed under 28 U.S.C. § 2254 (2000). Although we initially dismissed this appeal as untimely, we granted Nicholas’ rehearing petition and have now considered the appeal on the merits. 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 ap-pealability and dismiss the appeal on the reasoning of the district court. See Nicholas v. Angelone, No. CA-00-493-2 (E.D.Va. Sept. 27, 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.