Filed: February 12, 1996

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 95-7337 (CA-95-2089-WM)

David Wayne Hall, Sr., Petitioner - Appellant, versus State of Maryland, Respondent - Appellee.

O R D E R

The Court amends its opinion filed January 17, 1996, as follows: On the cover sheet, section 5 -- the panel information is corrected to read "Before Ervin, Chief Judge, and Widener and Wilkins, Circuit Judges." For the Court - By Direction

/s/ Bert M. Montague Clerk UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 95-7337

DAVID WAYNE HALL, SR., Petitioner - Appellant, versus STATE OF MARYLAND, Respondent - Appellee.

Appeal from the United States District Court for the District of Maryland, at Baltimore. William M. Nickerson, District Judge. (CA-95-2089-WMN)

Submitted: December 14, 1995 Decided: January 17, 1996

Before ERVIN, Chief Judge, and WIDENER and WILKINS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

David Wayne Hall, Sr., Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM: Appellant seeks to appeal the district court's order dismiss- ing without prejudice 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 deny a certificate of probable cause to appeal and dismiss the appeal on the reasoning of the district court. Hall v. State of Maryland, No. CA-95-2089-WMN (D.

Md. July 25, 1995). We deny Appellant's motion for production of documents and 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