UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 98-6067

SHAWN CRAWFORD ALLEN, Petitioner - Appellant, versus

JOHN JAKE, Acting Warden, Respondent - Appellee.

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Robert R. Merhige, Jr., Senior District Judge. (CA-97-598)

Submitted: July 2, 1998 Decided: July 22, 1998

Before NIEMEYER and HAMILTON, Circuit Judges, and HALL, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Joseph Dee Morrissey, Jonathan Stanley David, MORRISSEY, HERSHNER & JACOBS, Richmond, Virginia, for Appellant. Linwood Theodore Wells, Jr., Assistant Attorney General, Richmond, Virginia, for Appellee

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM: Shawn Crawford Allen seeks to appeal the district court’s order denying relief on his petition filed under 28 U.S.C.A. § 2254 (West 1994 & Supp. 1998). 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 district court. Allen v. Jake, No. CA-97-598 (E.D. Va. Dec. 9, 1997). We dispense with oral argument because the facts and legal contentions are adequately presented in the mate- rials before the court and argument would not aid the decisional process.

DISMISSED