Petra E. Hernandez seeks to appeal the district court’s order denying relief on her 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 Hernandez has not made a substantial showing of the denial of a constitutional right. Hernandez v. Caldwell, No. CA-97-717-5-H (E.D.N.C. July 18, 2001). Accordingly, we deny a certificate of appeala *69 bility and dismiss the appeal. See 28 U.S.C. § 2253(c) (2000). We deny Hernandez’s motions for appointment of counsel and formal briefing. 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.