UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 96-6761

MICHAEL DWAYNE HAYES,

Petitioner - Appellant,

versus

G. L. WOODARD, Superintendent,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern Dis- trict of North Carolina, at Raleigh. Terrence W. Boyle, District Judge. (CA-95-676-5-BO)

Submitted: October 3, 1996 Decided: October 15, 1996

Before ERVIN, LUTTIG, and MICHAEL, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Michael Dwayne Hayes, Appellant Pro Se. Rebecca Kendrick Cleveland, Assistant Attorney General, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

(1994), amended by Antiterrorism and Effective Death Penalty Act of 1996,

Stat.

1214, 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 dismiss the appeal on the rea-

soning of the district court. Hayes v. Woodard, No. CA-95-676-5-BO (E.D.N.C. Apr. 5, 1996). We deny Appellant's motion for appointment

of counsel 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

2