UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 97-7392

ALBERNIE STUDWELL,

Petitioner - Appellant,

versus

WARDEN of the St. Brides Correctional Center,

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-97-687-AM)

Submitted: December 18, 1997 Decided: January 7, 1998

Before WILKINS, NIEMEYER, and HAMILTON, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Albernie Studwell, Appellant Pro Se. John Kenneth Byrum, Jr., OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, 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Unpublished opinions are not binding precedent in this circuit.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 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 certificate of

appealability and dismiss the appeal on the reasoning of the dis- trict court. Studwell v. Warden, No. CA-97-687-AM (E.D. Va. Sept. 3, 1997). We further deny Studwell's motion to subpoena medical

records and motion for extension of time to respond in district

court as moot. 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