Nathaniel Albert SHELL, Petitioner-Appellant, v. Colie L. RUSHTON, Warden of McCormick Correctional Institution; Charles M. Condon, Attorney General of the State of South Carolina, Respondents-Appellees, 46 F. App'x 223

PER CURIAM. Nathaniel Albert Shell seeks to appeal the district court’s order accepting the recommendation of the magistrate judge and denying relief without prejudice 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 Shell has not made a substantial showing of the denial of a constitutional right. See Shell v. Rushton, No. CA-02-964-2-20AJ (D.S.C. filed Apr. 16, 2002, entered Apr. 17, 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.