UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 98-7533

OBALDO LAINEZ FLORES,

Petitioner - Appellant,

versus

NORTH CAROLINA ATTORNEY GENERAL; NORTH CARO- LINA DEPARTMENT OF CORRECTION; STATE OF NORTH CAROLINA,

Respondents - Appellees.

Appeal from the United States District Court for the Middle Dis- trict of North Carolina, at Durham. Paul Trevor Sharp, Magistrate Judge. (CA-98-371-1)

Submitted: December 29, 1998 Decided: January 15, 1999

Before NIEMEYER and TRAXLER, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Obaldo Lainez Flores, Appellant Pro Se. Clarence Joe DelForge, III, OFFICE OF THE ATTORNEY GENERAL OF NORTH CAROLINA, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Obaldo Lainez Flores seeks to appeal 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 accepting the recommendation of the

magistrate judge and find no reversible error. Accordingly, we

deny leave to proceed in forma pauperis, deny a certificate of

appealability, and dismiss the appeal on the reasoning of the

district court. See Flores v. North Carolina Atty Gen, No. CA-98-

371-1 (M.D.N.C. Sept. 29, 1998). See also Brown v. Angelone,

(4th Cir. 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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