UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 00-7431
ALBERT LEGARE,
Petitioner - Appellant,
versus
COLIE L. RUSHTON, Warden; STATE OF SOUTH CARO-
LINA; CHARLES MOLONY 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 Charleston. Margaret B. Seymour, District Judge.
(CA-99-289-2-24-AJ)
Submitted: March 30, 2001 Decided: April 24, 2001
Before WIDENER, NIEMEYER, and TRAXLER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Harry Leslie Devoe, Jr., New Zion, 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Unpublished opinions are not binding precedent in this circuit.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:
Albert Legare seeks to appeal the district court’s order de-
nying relief on his petition filed under 28 U.S.C.A. § 2254 (West
1994 & Supp. 2000). We have reviewed the record and the district
court’s opinion accepting the recommendation of the magistrate
judge and find no reversible error. Accordingly, we deny a cer-
tificate of appealability and dismiss the appeal substantially on
the reasoning of the district court.* Legare v. Rushton, No. CA-
99-289-2-24-AJ (D.S.C. Aug. 30, 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
*
Although the district court’s order did not expressly ad-
dress the magistrate judge’s order denying Legare’s motion for
leave to proceed with discovery, we have reviewed the record and
are convinced that the magistrate judge acted well within his
discretion in denying the motion.
2