UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 00-7574 HERBERT FOY, Petitioner - Appellant, versus D. A. BRAXTON, Warden of the Buckingham Cor- rectional Center, Respondent - Appellee. Appeal from the United States District Court for the Eastern Dis- trict of Virginia, at Alexandria. Leonie M. Brinkema, District Judge. (CA-99-1863-AM) Submitted: May 22, 2001 Decided: June 5, 2001 Before WILKINS, NIEMEYER, and KING, Circuit Judges. Dismissed by unpublished per curiam opinion. Herbert Foy, Appellant Pro Se. Steven Andrew Witmer, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Herbert Foy appeals the district court’s order denying relief on his petition filed under 28 U.S.C.A. § 2254 (West 1994 & Supp. 2000). We have reviewed the record and the district court’s opin- ion and find no reversible error. Accordingly, we deny a certif- icate of appealability and dismiss the appeal on the reasoning of the district court. See Foy v. Braxton, No. CA-99-1863-AM (E.D. Va. Sept. 28, 2000). We dispense with oral argument because the facts and legal contentions are adequately presented in the ma- terials before the court and argument would not aid the decisional process. DISMISSED 2