UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 98-6603

WILLIAM LESTER HOLDEN,

Petitioner - Appellant,

versus

MARCUS HUGHES, Superintendent for Craggy Cor- rectional Institution,

Respondent - Appellee.

Appeal from the United States District Court for the Western District of North Carolina, at Asheville. Robert D. Potter, Senior District Judge. (CA-97-185-1-P)

Submitted: September 10, 1998 Decided: September 29, 1998

Before MURNAGHAN, MICHAEL, and MOTZ, Circuit Judges.

Dismissed by unpublished per curiam opinion.

David Grant Belser, BELSER & PARKE, Asheville, North Carolina, for Appellant. Clarence Joe DelForge, III, OFFICE OF THE ATTORNEY GEN- ERAL OF NORTH CAROLINA, Raleigh, North Carolina, 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Unpublished opinions are not binding precedent in this circuit.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

his petition filed under

(West 1994 & Supp.

1998). We have reviewed the record and find that Appellant’s

petition was not timely filed in the district court. See Brown v.

Angelone, ___ F.3d ___,

(4th Cir. July 14,

1998). Accordingly, we deny a certificate of appealability and dis-

miss the appeal. 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