UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 95-7417

ROBERT EARL BROOKS, Petitioner - Appellant, versus FRANKLIN E. FREEMAN, JR., Respondent - Appellee.

Appeal from the United States District Court for the Eastern Dis- trict of North Carolina, at Raleigh. James C. Fox, Chief District Judge. (CA-94-569-5-BR)

Submitted: January 23, 1996 Decided: February 9, 1996

Before HAMILTON and MICHAEL, Circuit Judges, and BUTZNER, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Robert Earl Brooks, Appellant Pro Se. Clarence Joe DelForge, III, OFFICE OF THE ATTORNEY GENERAL OF NORTH CAROLINA, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM: Appellant appeals from the district court's order denying relief on his 28 U.S.C. § 2254 (1988) petition. We have reviewed the record and the district court's opinion and find no reversible error. Accordingly, we affirm on the reasoning of the district court. Brooks v. Freeman, No. CA-94-569-5-BR (E.D.N.C. Aug. 22, 1995). 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.

AFFIRMED