UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 96-6083

MICHAEL ELANDOUS JOHNSON,

Petitioner - Appellant,

versus

CHARLES HILL,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern Dis- trict of North Carolina, at Raleigh. James C. Fox, Chief District Judge. (CA-95-559-5-HC-F)

Submitted: December 10, 1996 Decided: January 13, 1997

Before NIEMEYER, HAMILTON, and WILLIAMS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Michael Elandous Johnson, Appellant Pro Se. Clarence Joe DelForge, III, OFFICE OF THE ATTORNEY GENERAL OF NORTH CAROLINA, 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Unpublished opinions are not binding precedent in this circuit.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 petition filed under

(1994).* We

have reviewed the record and the district court's opinion and find

no reversible error. Accordingly, we deny a certificate of prob-

able cause to appeal and dismiss the appeal on the reasoning of the

district court. Johnson v. Hill, No. CA-95-559-5-HC-F (E.D.N.C.

Jan. 5, 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

* Effective April 26, 1996,

was amended by the Antiterrorism and Effective Death Penalty Act of 1996,

Stat. 1214. Because Johnson filed this appeal prior to the Act's enactment, we need not consider what effect the Act would have on this appeal.

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