UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 97-6837

LEMUEL L. MCGLONE, JR.,

Petitioner - Appellant,

versus

WILLIAM L. SMITH; ATTORNEY GENERAL OF THE STATE OF MARYLAND,

Respondents - Appellees.

Appeal from the United States District Court for the District of Maryland, at Baltimore. J. Frederick Motz, Chief District Judge; John R. Hargrove, Senior District Judge. (CA-95-3450-JFM)

Submitted: October 31, 1997 Decided: December 18, 19997

Before HALL and WILLIAMS, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Lemuel L. McGlone, Jr., Appellant Pro Se. John Joseph Curran, Jr., Attorney General, Gwynn X. Kinsey, Jr., Assistant Attorney General, Baltimore, Maryland, 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Unpublished opinions are not binding precedent in this circuit.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

(1994) (current

version at

(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 probable cause to

appeal, see Lindh v. Murphy,

(1997), and dismiss the appeal on the reasoning of the district court, see McGlone v.

Smith, No. CA-95-3450-JFM (D. Md. Feb. 3, 1997). We dispense with

oral argument because the facts and legal contentions are adequate-

ly presented in the materials before the court and argument would

not aid the decisional process.

DISMISSED

2