UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 03-7512

BRET MICHAEL BARRON,

Petitioner - Appellant,

versus

RALPH S. BEARDSLEY; CHARLES CONDON, Attorney General of the State of South Carolina,

Respondents - Appellees.

Appeal from the United States District Court for the District of South Carolina, at Anderson. Patrick Michael Duffy, District Judge. (CA-02-2109-8-23BI)

Submitted: February 9, 2004 Decided: March 16, 2004

Before NIEMEYER, LUTTIG, and TRAXLER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

John Dewey Elliott, Columbia, South Carolina, for Appellant. Donald John Zelenka, Chief Deputy Attorney General, Columbia, South Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.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

Bret Michael Barron seeks to appeal the district court’s

order accepting the recommendation of the magistrate judge and

dismissing his petition under

(2000). We have

independently reviewed the record and conclude that Barron has not

made a substantial showing of the denial of a constitutional right.

See Miller-El v. Cockrell,

(2003). 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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