Raymond Frederick Gilley 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 accepting the recommendation of the magistrate judge and find Gilley has not made a substantial showing of the denial of a constitutional right. See 28 U.S.C. § 2253(c)(2) (2000).

Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of the district court. See Gilley v. Beck, No. CA-01-687-1 (M.D.N.C. May 2, 2002). 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