UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 97-6427

DAVID HARVEY BREWSTER,

Petitioner - Appellant,

versus

PAUL KIRBY,

Respondent - Appellee.

Appeal from the United States District Court for the Northern Dis- trict of West Virginia, at Elkins. Robert Earl Maxwell, Senior District Judge. (CA-94-193-2)

Submitted: February 12, 1998 Decided: March 12, 1998

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

Dismissed by unpublished per curiam opinion.

David Harvey Brewster, Appellant Pro Se. Scott E. Johnson, OFFICE OF THE ATTORNEY GENERAL OF WEST VIRGINIA, Charleston, West Vir- ginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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 and find no

reversible error. Accordingly, we deny in forma pauperis status, deny a certificate of probable cause to appeal and dismiss the

appeal on the reasoning of the district court. Brewster v. Kirby, No. CA-94-193-2 (N.D.W. Va. Feb. 21, 1997). See Lindh v. Murphy,

,

(U.S. June 23, 1997) (No. 96-6298). 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