UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 97-6621

STEPHEN WAYNE HOLDER,

Petitioner - Appellant,

versus

NORTH CAROLINA ATTORNEY GENERAL; FRANKLIN FREEMAN; MARTIN J. MCDADE,

Respondents - Appellees.

Appeal from the United States District Court for the Middle Dis- trict of North Carolina, at Greensboro. Richard C. Erwin, Senior District Judge. (CA-96-952-2)

Submitted: November 6, 1997 Decided: November 25, 1997

Before WIDENER and LUTTIG, Circuit Judges, and BUTZNER, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Nora Henry Hargrove, Wilmington, North Carolina, for Appellant. Clarence Joe DelForge, III, OFFICE OF THE ATTORNEY GENERAL OF NORTH CAROLINA, Raleigh, North Carolina, 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Unpublished opinions are not binding precedent in this circuit.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

(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. Holder v. North Carolina Attorney General, No. CA-96-952-2 (M.D.N.C. Mar. 25, 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

2