UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 97-7632

GENE W. GAYLOR,

Petitioner - Appellant,

versus

COMMONWEALTH OF VIRGINIA,

Respondent - Appellee.

Appeal from the United States District Court for the Western District of Virginia, at Roanoke. James C. Turk, District Judge. (CA-97-478-R)

Submitted: March 12, 1998 Decided: March 25, 1998

Before LUTTIG, WILLIAMS, and MICHAEL, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Gene W. Gaylor, Appellant Pro Se. Thomas Drummond Bagwell, Assis- tant Attorney General, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Appellant appeals from the district court's order dismissing

for lack of jurisdiction his petition for a writ of error coram

nobis filed under

(1994), and his successive

habeas corpus 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 cer-

tificate of appealability and dismiss the appeal on the reasoning

of the district court. See Gaylor v. Virginia, No. CA-97-478-R (W.D. Va. Oct. 17, 1997). We dispense with oral argument because

the facts and legal contentions are adequately presented in the ma-

terials before the court and argument would not aid the decisional process.

DISMISSED

2