UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 97-7434

DAVID S. COUSINS,

Petitioner - Appellant,

versus

DAVID BOBO; SAMUEL DOTSON; MICHAEL F. EASLEY, Attorney General of North Carolina,

Respondents - Appellees.

Appeal from the United States District Court for the Western District of North Carolina, at Shelby. Graham C. Mullen, District Judge. (CA-97-28-4)

Submitted: September 30, 1998 Decided: October 13, 1998

Before ERVIN, LUTTIG, and WILLIAMS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

David S. Cousins, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

David S. Cousins appeals the district court’s order denying

relief on his petition filed under

(West 1994 &

Supp. 1998). We have reviewed the record and the district court’s

opinion holding that Cousins had failed to state a claim and find

no reversible error. See Superintendent, Mass. Correctional Inst.

v. Hill,

(1985); Wolff v. McDonnell,

(1974); Pell v. Procunier,

(1974); Leonard

v. Nix,

(8th Cir. 1995). Accordingly, we deny a

certificate of appealability and dismiss the appeal on the rea-

soning of the district court. Cousins v. Bobo, No. CA-97-28-4

(W.D.N.C. Sept. 19, 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

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