UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 01-6386 RONNIE SMALL, Petitioner - Appellant, versus CARLA E. OKONEK-SMITH, Respondent - Appellee, and STATE OF NORTH CAROLINA, Respondent. Appeal from the United States District Court for the Eastern Dis- trict of North Carolina, at Raleigh. James C. Fox, Senior District Judge. (CA-00-52) Submitted: July 12, 2001 Decided: July 20, 2001 Before WILLIAMS, MICHAEL, and MOTZ, Circuit Judges. Dismissed by unpublished per curiam opinion. Ronnie Small, Appellant Pro Se. Clarence Joe DelForge, III, OFFICE OF THE ATTORNEY GENERAL OF NORTH CAROLINA, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Ronnie Small seeks to appeal the district court’s order deny- ing 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 opinion accepting the recommendation of the magistrate judge and find no reversible error. Accordingly, we deny a cer- tificate of appealability and dismiss the appeal on the reasoning of the district court. Small v. Okonek-Smith, No. CA-00-52 (E.D.N.C. Jan. 17, 2001). 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