UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 95-7890

MARVIN MAURICE MUNDY,

Petitioner - Appellant,

versus

E. B. WRIGHT, WARDEN,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern Dis- trict of Virginia, at Richmond. Robert E. Payne, District Judge. (CA-94-587)

Submitted: December 17, 1996 Decided: December 27, 1996

Before HALL, MURNAGHAN, and MOTZ, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Steven D. Benjamin, Richmond, Virginia; Patsy Laura Mundy, Rich- mond, Virginia, for Appellant. Eugene Paul Murphy, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, 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Unpublished opinions are not binding precedent in this circuit.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 petition filed under

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

Stat. 1214. 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; to the extent

that a certificate of appealability is required, we deny such a

certificate. We dismiss the appeal on the reasoning of the district court. Mundy v. Wright, No. CA-94-587 (E.D. Va. Oct. 23, 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.

DISMISSED

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