UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 97-6056

ANGELO C. CONGO, Petitioner - Appellant, versus VIRGINIA DEPARTMENT OF CORRECTIONS; CENTRAL CLASSIFICATION BUREAU; COURT AND LEGAL MANA- GERS; LAUREL A. CORNER; LOU ANN WHITE; DORIS HEUEING, Respondents - Appellees.

Appeal from the United States District Court for the Eastern Dis- trict of Virginia, at Alexandria. Claude M. Hilton, District Judge. (CA-96-279-AM)

Submitted: April 17, 1997 Decided: May 2, 1997 Before NIEMEYER and WILLIAMS, Circuit Judges, and BUTZNER, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Angelo C. Congo, Appellant Pro Se. Martha Murphey Parrish, Assis- tant Attorney General, Richmond, Virginia, 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Unpublished opinions are not binding precedent in this circuit.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 petition filed under 28 U.S.C.A. § 2254 (West 1994 & Supp. 1997). We have reviewed the record and the district court's opinion and find no reversible error. Accordingly, we deny a cer- tificate of appealability and dismiss the appeal on the reasoning of the district court.* Congo v. Virginia Dep't of Corrections, No. CA-96-279-AM (E.D. Va. Nov. 15, 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

* We also deny Congo's motion for appointment of counsel. See Whisenant v. Yuam, 739 F.2d 160, 163 (4th Cir. 1984) (providing standard).