UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 94-6498

STANLEY LYBA, Petitioner - Appellant, versus KENNETH TAYLOR, Warden; ATTORNEY GENERAL OF THE STATE OF MARYLAND, Respondents - Appellees.

Appeal from the United States District Court for the District of Maryland, at Baltimore. Herbert N. Maletz, Senior Judge, sitting by designation. (CA-93-1770-MJG)

Submitted: February 7, 1996 Decided: March 5, 1996

Before MURNAGHAN and WILLIAMS, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Stanley Lyba, Appellant Pro Se. John Joseph Curran, Jr., Attorney General, Gwynn X. Kinsey, Jr., Assistant Attorney General, Balti- more, Maryland, for Appellees.

Unpublished opinions are not binding precedent in this circuit.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 denying relief on his 28 U.S.C. § 2254 (1988) petition and Fed. R. Civ. P. 60(b) motion for relief from the judgment. 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 ap- peal and dismiss the appeal on the reasoning of the district court.

Lyba v. Taylor, No. CA-93-1770-MJG (D. Md. Apr. 25, 1994). We deny Appellant's motions for the preparation of a transcript at govern- ment expense and for the appointment of counsel. We dispense with oral argument because the facts and legal contentions are adequate- ly presented in the materials before the court and argument would not aid the decisional process.

DISMISSED