UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 95-7998

JAMES BENJAMIN DAVIS, JR., Petitioner - Appellant, versus FRANKLIN E. FREEMAN, JR.; JACK TURLINGTON, Respondents - Appellees.

Appeal from the United States District Court for the Eastern Dis- trict of North Carolina, at Raleigh. W. Earl Britt, District Judge. (CA-95-134-5-HC-BR)

Submitted: May 16, 1996 Decided: May 31, 1996

Before RUSSELL, LUTTIG, and WILLIAMS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Nora Henry Hargrove, Wilmington, North Carolina, for Appellant.

Clarence Joe DelForge, III, OFFICE OF THE ATTORNEY GENERAL OF NORTH CAROLINA, Raleigh, North Carolina, 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Unpublished opinions are not binding precedent in this circuit.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. We have reviewed the record and the district court's opinion and find no reversible error. Accordingly, we deny a certificate of appealability and dis- miss the appeal on the reasoning of the district court. Davis v. Freeman, No. CA-95-134-5-HC-BR (E.D.N.C. Oct. 5, 1995). We dispense with oral argument because the facts and legal contentions are ade- quately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED