UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 97-7216 DAVID J. KOCAYA, Petitioner - Appellant, versus SOUTH CAROLINA DEPARTMENT OF CORRECTIONS; CHARLES MOLONY CONDON, Attorney General of the State of South Carolina, Respondents - Appellees. Appeal from the United States District Court for the District of South Carolina, at Greenville. William B. Traxler, Jr., District Judge. (CA-97-137-6-21AK) Submitted: July 22, 1998 Decided: July 31, 1998 Before ERVIN, MICHAEL, and MOTZ, Circuit Judges. Dismissed by unpublished per curiam opinion. David J. Kocaya, Appellant Pro Se. Donald John Zelenka, Chief Deputy Attorney General, Columbia, South Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Appellant seeks to appeal the district court's order denying relief on his petition filed under 28 U.S.C.A. § 2254 (West 1994 & Supp. 1998). 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 ap- pealability and dismiss the appeal on the reasoning of the district court. Kocaya v. South Carolina Dep’t of Corrections, No. CA-97- 137-6-21AK (D.S.C. July 31, 1997). 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 deci- sional process. DISMISSED 2