UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 97-6856 ANTHONY T. SMITH, JR., Petitioner - Appellant, versus DEAN R. WALKER, Respondent - Appellee. Appeal from the United States District Court for the Eastern Dis- trict of North Carolina, at Raleigh. James C. Fox, Chief District Judge. (CA-96-1002-5-F3) Submitted: September 25, 1997 Decided: October 21, 1997 Before LUTTIG, MICHAEL, and MOTZ, Circuit Judges. Dismissed unpublished per curiam opinion. Anthony T. Smith, Jr., 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 Unpublished opinions are not binding precedent in this circuit.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: Appellant appeals the district court's order denying relief on his petition filed under 28 U.S.C.A. § 2254 (West 1994 & Supp. 1997). 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 appealabil- ity and dismiss the appeal on the reasoning of the district court. Smith v. Walker, No. CA-96-1002-5-F3 (E.D.N.C. June 3, 1997). Fur- ther, we deny Appellant's motion seeking appointment of counsel. 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