UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 95-7654
JOHNNIE L. HARRINGTON,
Petitioner - Appellant,
versus
ATTORNEY GENERAL OF NORTH CAROLINA,
Respondent - Appellee.
Appeal from the United States District Court for the Middle Dis-
trict of North Carolina, at Durham. William L. Osteen, Sr.,
District Judge. (CA-94-687-1)
Submitted: September 24, 1996 Decided: October 21, 1996
Before NIEMEYER and HAMILTON, Circuit Judges, and PHILLIPS, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Bruce Tracy Cunningham, Jr., CUNNINGHAM, DEDMOND, PETERSEN & SMITH,
Southern Pines, North Carolina, for Appellant. 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Unpublished opinions are not binding precedent in this circuit.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:
Johnnie L. Harrington, a North Carolina prisoner, seeks to
appeal the district court's orders denying relief on his habeas
corpus petition filed under 28 U.S.C. § 2254 (1994), amended by
Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. No.
104-132, 110 Stat. 1214, and denying his Fed. R. Civ. P. 59(e) mo-
tion. We have reviewed the record and the district court's opinion
accepting the magistrate judge's recommendation and find no rever-
sible error in the denial of § 2254 relief. Nor did we find an
abuse of discretion in the court's denial of Harrington's Rule
59(e) motion. Accordingly, Harrington's argument that counsel
rendered ineffective assistance does not merit issuance of a cer-
tificate of probable cause. See Barefoot v. Estelle, 463 U.S. 880,
893 (1983) (stating standards for granting certificates of probable
cause). We therefore deny a certificate of probable cause and dis-
miss the appeal. To the extent that a certificate of appealability
is required, we deny such a certificate. 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