UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 99-6742

DONALD D. PHAU,

Petitioner - Appellant,

versus

RONALD ANGELONE, Director; VIRGINIA DEPARTMENT OF CORRECTIONS,

Respondents - Appellees.

Appeal from the United States District Court for the Eastern Dis- trict of Virginia, at Richmond. James R. Spencer, District Judge. (CA-97-929-3)

Submitted: October 8, 1999 Decided: November 3, 1999

Before WIDENER and NIEMEYER, Circuit Judges, and BUTZNER, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Nina Jean Ginsberg, DIMURO, GINSBERG & LIEBERMAN, P.C., Alexandria, Virginia, for Appellant. Michael Thomas Judge, OFFICE OF THE AT- TORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellees.

Unpublished opinions are not binding precedent in this circuit.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

Donald D. Phau seeks to appeal the district court’s judgment

denying relief on his petition filed under

(West

1994 & Supp. 1999). We have reviewed the record and the district

court’s memorandum and order 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. See Phau v. Angelone,

No. CA-97-929-3 (E.D. Va. May 5, 1999). 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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