UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 97-7270

VERNON HARPER, Petitioner - Appellant, versus

THOMAS R. CORCORAN, Warden; ATTORNEY GENERAL OF THE STATE OF MARYLAND, Respondents - Appellees.

Appeal from the United States District Court for the District of Maryland, at Baltimore. Andre M. Davis, District Judge. (CA-97- 2567-AMD)

Submitted: November 26, 1997 Decided: January 13, 1998

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

Dismissed by unpublished per curiam opinion.

Vernon Harper, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM: Vernon Harper seeks to appeal the district court's order deny- ing relief on his petition filed under 28 U.S.C.A. § 2254 (West 1994 & Supp. 1997). We have reviewed the record and the district court's opinion and find no reversible error. We find that the tolling provisions do not save Appellant's petition. Accordingly, we deny a certificate of appealability and dismiss the appeal substantially on the reasoning of the district court. Harper v. Corcoran, No. CA-97-2567-AMD (D. Md. Aug. 27, 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