UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 03-6760

PETE SMITH,

Petitioner - Appellant,

versus

UNITED STATES OF AMERICA,

Respondent - Appellee.

Appeal from the United States District Court for the Middle District of North Carolina, at Durham. William L. Osteen, District Judge. (CA-03-154-1)

Submitted: August 28, 2003 Decided: September 8, 2003

Before NIEMEYER and SHEDD, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Pete Smith, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Pete Smith, a federal prisoner, appeals the district court’s

order adopting the order of a magistrate judge and dismissing his

petition filed under

(2000) without prejudice. We

have reviewed the record and find no reversible error. Accordingly,

we affirm for the reasons stated by the district court. See Smith

v. United States, No. CA-03-154-1 (M.D.N.C. filed Apr. 24, 2003;

entered Apr. 25, 2003). 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.

AFFIRMED

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