UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 97-7400
CHARLES R. LABOONE,
Petitioner - Appellant,
versus
RONALD J. ANGELONE, Director, Virginia Depart-
ment of Corrections,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Henry C. Morgan, Jr., District
Judge. (CA-96-746-2)
Submitted: July 22, 1998 Decided: July 31, 1998
Before ERVIN, MICHAEL, and MOTZ, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Charles R. LaBoone, Appellant Pro Se. Linwood Theodore Wells, Jr.,
Assistant Attorney General, Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Charles R. LaBoone seeks to appeal the district court's order
denying relief on his petition filed under 28 U.S.C.A. § 2254 (West
1994 & Supp. 1998). 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. LaBoone v. Angelone, No. CA-96-746-2 (E.D. Va.
Sept. 4, 1997). LaBoone’s motion to proceed in forma pauperis is
granted. 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