UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 97-6088

MICHAEL R. FULLER, Petitioner - Appellant, versus COMMONWEALTH OF VIRGINIA, Respondent - Appellee.

Appeal from the United States District Court for the Eastern Dis- trict of Virginia, at Alexandria. Albert V. Bryan, Jr., Senior District Judge. (CA-96-1834-A)

Submitted: May 1, 1997 Decided: May 8, 1997

Before WIDENER and MURNAGHAN, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Michael R. Fuller, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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 without prejudice 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. Accord- ingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of the district court. Fuller v. Virginia, No. CA-96-1834-A (E.D. Va. Jan. 3, 1997). 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