Eric L. SPANN, Petitioner-Appellant, v. Colie L. RUSHTON, Warden at McCormick Correctional Institution; Charles Molony Condon, Attorney General of the State of South Carolina, Respondents-Appellees, 50 F. App'x 612

PER CURIAM. Eric L. Spann 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 accepting the recommendation of the magistrate judge and conclude that Spann has not made a substantial showing of the denial of a constitutional right. See Spann v. Rushton, No. CA-01-3505 (D.S.C. Apr. 2, 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.