UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 02-7134 TIMOTHY L. SIMMS, Petitioner - Appellant, versus ALTON BASKERVILLE, Warden, Powhatan Correctional Center, Respondent - Appellee. Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Samuel G. Wilson, Chief District Judge. (CA-02-621-7) Submitted: September 19, 2002 Decided: September 30, 2002 Before WILKINS, LUTTIG, and TRAXLER, Circuit Judges. Dismissed by unpublished per curiam opinion. Timothy L. Simms, Appellant Pro Se. Linwood Theodore Wells, Jr., Assistant Attorney General, Richmond, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Timothy L. Simms seeks to appeal the district court's order denying relief on his petition filed under 28 U.S.C. § 2254 (2000). We have reviewed the record and the district court's opinion and conclude on the reasoning of the district court that Simms has not made a substantial showing of the denial of a constitutional right. See Simms v. Baskerville, No. CA-02-621-7 (W.D. Va. July 18, 2002). Accordingly, we deny a certificate of appealability and dismiss the appeal. See 28 U.S.C. § 2253(c) (2000). 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