UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 96-7924

JABARI ZAKIYA,

Petitioner - Appellant,

versus

WILLIE JAMES THOMPSON, Warden, FCI Morgantown, West Virginia,

Respondent - Appellee.

Appeal from the United States District Court for the Northern Dis- trict of West Virginia, at Clarksburg. William M. Kidd, Senior District Judge. (CA-96-192-1)

Submitted: August 26, 1997 Decided: October 28, 1997

Before HALL, WILKINS, and HAMILTON, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Jabari Zakiya, Appellant Pro Se. Rita R. Valdrini, Assistant United States Attorney, Wheeling, West Virginia, 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Unpublished opinions are not binding precedent in this circuit.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 his

motion to reconsider the dismissal of his

(1994)

petition and denying his motion to recuse. We have reviewed the

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

error. Accordingly, we deny leave to proceed in forma pauperis and dismiss the appeal on the reasoning of the district court. Zakiya v. Thompson, No. CA-96-192-1 (N.D.W. Va. Dec. 10, 1996). We dis-

pense 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