Bagley v. State of SC

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 97-6776 BERNARD BAGLEY, Petitioner - Appellant, versus STATE OF SOUTH CAROLINA; ROBERT WARD, Warden of the Evans Correctional Institution; WILLIAM GUNN, Director of South Carolina Department of Probation, Parole and Pardon Services, Respondents - Appellees. Appeal from the United States District Court for the District of South Carolina, at Charleston. Solomon Blatt, Jr., Senior District Judge. (CA-96-487-2-8AJ) Submitted: January 22, 1998 Decided: February 4, 1998 Before WIDENER, MICHAEL, and MOTZ, Circuit Judges. Dismissed by unpublished per curiam opinion. Bernard Bagley, Appellant Pro Se. Donald John Zelenka, Chief Deputy Attorney General, Lauri J. Soles, OFFICE OF THE ATTORNEY GENERAL OF SOUTH CAROLINA, Columbia, South Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Appellant seeks to appeal the district court's order denying relief on his petition filed under 28 U.S.C. § 2254 (1994) (current version at 28 U.S.C.A. § 2254 (West 1994 & Supp. 1997)). 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 probable cause to ap- peal and dismiss the appeal on the reasoning of the district court. Bagley v. South Carolina, No. CA-96-487-2-8AJ (D.S.C. May 9, 1997). See Lindh v. Murphy, 521 U.S. ___, 65 U.S.L.W. 4557 (U.S. June 23, 1997) (No. 96-6298). We dispense with oral argument because the facts and legal contentions are adequately presented in the mate- rials before the court and argument would not aid the decisional process. DISMISSED 2