John Edward BUTLER, Petitioner-Appellant, v. Robert SMITH; Larry Dail, Respondents-Appellees, 39 F. App'x 936

PER CURIAM: John Edward Butler appeals 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 and find no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of the district court. See Butler v. Smith, No. CA-01-995-5-BO (E.D.N.C. Apr. 2, 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.