UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 97-6856

ANTHONY T. SMITH, JR.,

Petitioner - Appellant,

versus

DEAN R. WALKER,

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-96-1002-5-F3)

Submitted: September 25, 1997 Decided: October 21, 1997

Before LUTTIG, MICHAEL, and MOTZ, Circuit Judges.

Dismissed unpublished per curiam opinion.

Anthony T. Smith, Jr., 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Unpublished opinions are not binding precedent in this circuit.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 appeals the district court's order denying relief on

his petition filed under

(West 1994 & Supp.

1997). We have reviewed the record and the district court's opinion

accepting the recommendation of the magistrate judge and find no

reversible error. Accordingly, we deny a certificate of appealabil- ity and dismiss the appeal on the reasoning of the district court.

Smith v. Walker, No. CA-96-1002-5-F3 (E.D.N.C. June 3, 1997). Fur- ther, we deny Appellant's motion seeking appointment of counsel. 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