UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 97-7116

TONY A. MCFARLIN,

Petitioner - Appellant,

versus

GEORGE TRENT, Warden, Mount Olive Correctional Complex,

Respondent - Appellee.

Appeal from the United States District Court for the Northern Dis- trict of West Virginia, at Martinsburg. W. Craig Broadwater, Dis- trict Judge. (CA-95-25-3)

Submitted: December 18, 1997 Decided: January 13, 1998

Before WILKINS, NIEMEYER, and HAMILTON, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Tony A. McFarlin, Appellant Pro Se. Scott E. Johnson, Dawn Ellen Warfield, OFFICE OF THE ATTORNEY GENERAL OF WEST VIRGINIA, Charles- ton, West Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:

Tony McFarlin 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 and

find no reversible error. Accordingly, we deny a certificate of probable cause to appeal and dismiss the appeal on the reasoning of

the district court. McFarlin v. Trent, No. CA-95-25-3 (N.D.W. Va. July 17, 1997). See Lindh v. Murphy,

,

(U.S. June 23, 1997) (No. 96-6298). We further deny McFarlin's mo-

tion to proceed in forma pauperis on appeal. 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