UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 01-7788 KEITH D. MORAN, Petitioner - Appellant, versus J.R. HUNT, JR., Respondent - Appellee. Appeal from the United States District Court for the Middle Dis- trict of North Carolina, at Durham. James A. Beaty, Jr., District Judge. (CA-01-34-1) Submitted: February 21, 2002 Decided: March 5, 2002 Before WILKINS, MOTZ, and TRAXLER, Circuit Judges. Dismissed by unpublished per curiam opinion. Keith D. Moran, 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 Unpublished opinions are not binding precedent in this circuit.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: Keith D. Moran appeals the district court’s order dismissing his petition filed under 28 U.S.C.A. § 2254 (West 1994 & Supp. 2001) as untimely. 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 leave to proceed in forma pauperis, deny a certificate of appealability, and dismiss the appeal on the reasoning of the district court. See Moran v. Hunt, No. CA-01-34-1 (M.D.N.C. Sept. 5, 2001). 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