UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-6660
TYRONE HOLLEY,
Petitioner - Appellant,
versus
THEODIS BECK,
Respondent - Appellee.
Appeal from the United States District Court for the Middle Dis-
trict of North Carolina, at Durham. N. Carlton Tilley, Jr., Chief
District Judge. (CA-00-567-1)
Submitted: August 23, 2001 Decided: August 30, 2001
Before WILKINS and KING, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Tyrone Holley, Appellant Pro Se. Clarence Joe DelForge, III,
OFFICE OF THE ATTORNEY GENERAL OF NORTH CAROLINA, Raleigh, North
Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Tyrone Holley appeals the district court’s order denying
relief on his petition filed under 28 U.S.C.A. § 2254 (West 1994 &
Supp. 2001). 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 certificate of
appealability and dismiss the appeal on the reasoning of the
district court. Holley v. Beck, No. CA-00-567-1 (M.D.N.C. filed
Mar. 26, 2001; entered Mar. 27, 2001). We decline to consider the
claims that Holley asserts for the first time on appeal. See Muth
v. United States, 1 F.3d 246, 250 (4th Cir. 1993). 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
2