UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 96-7375

JOHN PAUL TURNER,

Petitioner - Appellant,

versus

DAVID S. KUYKENDALL, Virginia Department of Corrections, District 12, Staunton, Virginia,

Respondent - Appellee.

Appeal from the United States District Court for the Western Dis- trict of Virginia, at Roanoke. Samuel G. Wilson, District Judge. (CA-96-131-R)

Submitted: December 19, 1996 Decided: January 6, 1997

Before ERVIN and MOTZ, Circuit Judges, and BUTZNER, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

John Paul Turner, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:

Appellant appeals the district court's orders denying (1) his

motion to reopen a prior decision denying relief on his petition

filed under

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

Stat.

1214, and (2) his motion for reconsideration. We have reviewed the

record and the district court's orders and find no reversible

error. Accordingly, we deny a certificate of appealability and dis-

miss the appeal on the reasoning of the district court. Turner v.

Kuykendall, No. CA-96-131-R (W.D. Va. Aug. 28, 1996). 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

2