
    James Earl BENDER, Petitioner-Appellant, v. Ronald J. ANGELONE, Director, Respondent-Appellee.
    No. 02-7177.
    United States Court of Appeals, Fourth Circuit.
    Submitted Dec. 16, 2002.
    Decided Dec. 19, 2002.
    
      James Earl Bender, Appellant Pro Se. Robert H. Anderson, III, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellee.
    Before LUTTIG, MICHAEL, and DIANA GRIBBON MOTZ, Circuit Judges.
    Dismissed by unpublished PER CURIAM opinion.
   PER CURIAM.

James Earl Bender appeals the district court’s order accepting the recommendation of the magistrate judge and denying relief on his petition filed under 28 U.S.C. § 2254 (2000). We have reviewed the record and conclude on the reasoning of the district court that Bender has not made a substantial showing of the denial of a constitutional right. See Bender v. Angelone, No. CA-01-887-2 (E.D.Va. July 24, 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.  