UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 02-6794

SELWYN BROADNAX-BEY, Petitioner - Appellant, versus

JON GALLEY, Warden, Defendant - Appellee.

Appeal from the United States District Court for the District of Maryland, at Baltimore. Frederic N. Smalkin, Chief District Judge. (CA-02-949-S)

Submitted: September 19, 2002 Decided: September 27, 2002

Before WILKINS, LUTTIG, and TRAXLER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Selwyn Broadnax-Bey, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM: Selwyn Broadnax-Bey seeks to appeal the district court’s order denying relief on his petition filed under 28 U.S.C. § 2254 (2000).

We have reviewed the record and the district court’s opinion and conclude on the reasoning of the district court that Broadnax-Bey has not made a substantial showing of the denial of a constitutional right. See Broadnax v. Galley, No. CA-02-949-S (D.

Md. May 6, 2002). Accordingly, we deny a certificate of appealability and dismiss the appeal. See 28 U.S.C. § 2253(c) (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