UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 97-7665

JAMES EDWARD SMITH, Petitioner - Appellant, versus

EARL BESHEARS, Warden; ATTORNEY GENERAL OF THE STATE OF MARYLAND, Respondents - Appellees.

Appeal from the United States District Court for the District of Maryland, at Greenbelt. Deborah K. Chasanow, District Judge. (CA- 97-2585-DKC)

Submitted: July 2, 1998 Decided: July 20, 1998

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

Dismissed by unpublished per curiam opinion.

James Edward Smith, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM: James E. Smith, Jr., 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.* Accord- ingly, we deny a certificate of appealability and dismiss the ap- peal on the reasoning of the district court. Smith v. Beshears, No. CA-97-2585-DKC (D. Md. Sept. 30, 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

* While Smith did appeal the denial of his state postconvic- tion relief, he did not raise the claims he seeks to assert in this petition. Therefore, the district court properly ruled that Smith’s claims are procedurally barred. See Murray v. Carrier, 477 U.S. 478, 489-91 (1986).