UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 98-7121

HERBERT G. FISHER,

Petitioner - Appellant,

versus

S. K. YOUNG, Warden,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Richard L. Williams, Senior District Judge. (CA-97-694)

Submitted: October 8, 1998 Decided: October 28, 1998

Before WIDENER, NIEMEYER, and MICHAEL, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Herbert G. Fisher, Appellant Pro Se. Michael Thomas Judge, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Appellant appeals the district court’s order granting Appel-

lee’s motion to dismiss and denying relief on his petition filed

under

(West 1994 & Supp. 1998). We have reviewed

the record and the district court's opinion and find no reversible

error. Accordingly, we grant in forma pauperis status but deny a

certificate of appealability and dismiss the appeal on the reason-

ing of the district court. Fisher v. Young, No. CA-97-694 (E.D. Va.

June 4, 1998). 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

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