Kedric Lamar Whitmore appeals the district court’s order denying relief on his petition filed under 28 U.S.C. § 2254 (2000). We have reviewed the record accepting the recommendation of the magistrate judge and conclude that Whitmore has not made a substantial showing of the denial of a constitutional right. See Whitmore v. Condon, No. CA-01-4407-3-24BC (D.S.C. July 31, 2002). Accordingly, we deny a certificate of appealability and dismiss the appeal for the reasons stated by the district court. 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.