UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 99-7436

BENJAMIN HENDERSON JONES,

Petitioner - Appellant,

versus

GEORGE DEEDS,

Respondent - Appellee.

Appeal from the United States District Court for the Western Dis- trict of Virginia, at Roanoke. James C. Turk, District Judge. (CA-99-705-7)

Submitted: December 16, 1999 Decided: December 22, 1999

Before MURNAGHAN and MOTZ, Circuit Judges, and BUTZNER, Senior Cir- cuit Judge.

Dismissed by unpublished per curiam opinion.

Benjamin Henderson Jones, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Benjamin Henderson Jones, a Virginia inmate, appeals from the

district court's order dismissing his petition filed under

(West 1994 & Supp. 1999). The district court dis-

missed the petition without prejudice because Jones failed to dem-

onstrate that he had exhausted his available state court remedies.

Because the instant petition is Jones' second § 2254 petition, see

Jones v. Angelone,

(4th Cir. 1996), Jones must seek

authorization from this court before filing a second or successive

§ 2254 petition. See

(West Supp. 1999). We

therefore deny a certificate of appealability and dismiss the ap-

peal on that ground. We dispense with oral argument because the

facts and legal contentions are adequately presented in the mate-

rials before the court and argument would not aid the decisional

process.

DISMISSED

2