UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 02-7562

EUGENE RAFFALDT,

Petitioner - Appellant,

versus

GARY MAYNARD, Director, South Carolina Department of Corrections; CHARLES M. CONDON, Attorney General of South Carolina,

Respondents - Appellees.

Appeal from the United States District Court for the District of South Carolina, at Charleston. Patrick Michael Duffy, District Judge. (CA-01-3191-2-23AJ)

Submitted: January 16, 2003 Decided: January 24, 2003

Before WILLIAMS, KING, and GREGORY, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Eugene Raffaldt, Appellant Pro Se. Derrick K. McFarland, OFFICE OF THE ATTORNEY GENERAL OF SOUTH CAROLINA, Columbia, South Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:

Eugene Raffaldt seeks to appeal the district court’s order

denying relief on his petition filed under

(2000).

We have reviewed the record and conclude for the reasons stated by

the district court that Raffaldt has not made a substantial showing

of the denial of a constitutional right. See Raffaldt v. Maynard,

No. CA-01-3191-2-23AJ (D.S.C. Sept. 30, 2002). Accordingly, we

deny a certificate of appealability and dismiss the appeal. See

(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

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