UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 97-6539
MICHAEL CARNES,
Petitioner - Appellant,
versus
CHARLES J. CEPAK, Warden; CHARLES M. CONDON,
Respondents - Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Florence. Matthew J. Perry, Jr., Senior Dis-
trict Judge. (CA-96-321-4-10BE)
Submitted: March 24, 1998 Decided: April 7, 1998
Before ERVIN, MICHAEL, and MOTZ, Circuit Judges.
Dismissed by unpublished per curiam opinion.
William Isaac Diggs, DIGGS DANIELSEN, L.L.C., Myrtle Beach, South
Carolina, for Appellant. 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Unpublished opinions are not binding precedent in this circuit.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 Michael Carnes appeals the district court's order
denying relief on his petition filed under 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 certif-
icate of appealability and dismiss the appeal on the reasoning of
the district court. Carnes v. Cepak, No. CA-96-321-4-10BE (D.S.C.
Mar. 20, 1997). 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