UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 01-7778 JOHN NORFLEET WARD, III, Petitioner - Appellant, versus RONALD J. ANGELONE, Director of the Virginia Department of Corrections, Respondent - Appellee. Appeal from the United States District Court for the Eastern Dis- trict of Virginia, at Norfolk. Jerome B. Friedman, District Judge. (CA-00-394-2) Submitted: February 21, 2002 Decided: March 5, 2002 Before WILKINS, MOTZ, and TRAXLER, Circuit Judges. Dismissed by unpublished per curiam opinion. John Norfleet Ward, III, Appellant Pro Se. Donald Eldridge Jeffrey, III, 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 Unpublished opinions are not binding precedent in this circuit.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: John Norfleet Ward, III, seeks to appeal the district court’s order denying relief on his petition filed under 28 U.S.C.A. § 2254 (West 1994 & Supp. 2001). We have reviewed the record and the dis- trict court’s opinion accepting the magistrate judge’s recom- mendation and find no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of the district court. Ward v. Angelone, No. CA-00-394-2 (E.D. Va., filed Aug. 29, 2001; entered Aug. 30, 2001). Further, while we grant Ward’s motion “to include newly discovered evidence for review with appeal,” those materials do not alter our conclu- sion. 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