Samuel Alando WALKER, Petitioner-Appellant, v. Earnest R. SUTTON, Respondent-Appellee, 34 F. App'x 956

PER CURIAM. Samuel Alando Walker seeks to appeal the district court’s order denying relief on his petition filed under 28 U.S.C.A. § 2254 (West 1994 & Supp.2001). 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 appealability and dismiss the appeal on the reasoning of the district court concluding that Walker’s claims that the State withheld evidence of a psychiatric evaluation and destroyed potentially exculpatory evidence were procedurally barred and his remaining claims without merit. See Walker v. Sutton, No. CA-01-277-5-FO (E.D.N.C. Jan. 18, 2002). 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.