UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 98-7013
JAMES R. BYERS,
Petitioner - Appellant,
versus
RONALD J. ANGELONE, Director, Virginia Depart-
ment of Corrections,
Respondent - Appellee.
Appeal from the United States District Court for the Western Dis-
trict of Virginia, at Roanoke. James C. Turk, District Judge.
(CA-98-4-R)
Submitted: September 15, 1998 Decided: October 7, 1998
Before ERVIN, WILKINS, and WILLIAMS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
James R. Byers, Appellant Pro Se. Hazel Elizabeth Shaffer, Assis-
tant Attorney General, Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
James R. Byers appeals 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 certificate of ap-
pealability and dismiss the appeal on the reasoning of the district
court. Byers v. Angelone, No. CA-98-4-R (W.D. Va. June 10, 1998).
We dispense with oral argument because the facts and legal conten-
tions are adequately presented in the materials before the court
and argument would not aid the decisional process.
DISMISSED
2