¶1 James R. Hicks appeals the district court’s orders dismissing without prejudice his petition filed under 28 U.S.C.A. § 2254 (West 1994 & Supp.2000) and denying his Fed.R.Civ.P. 59(e) motion. We have reviewed the record, the district court’s opinion accepting the recommendation of the magistrate judge and the district court’s order denying Hicks’ motion to alter or amend the judgment and find no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of the district court. Hicks v. Wannamaker, No. CA 00-2236-6-20-AK (D.S.C. Sept. 6 and Oct. 20, 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.
¶2 DISMISSED.