UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 98-7495

UNITED STATES OF AMERICA, Plaintiff - Appellee, versus

WILLIAM PARKER, Defendant - Appellant.

Appeal from the United States District Court for the Middle Dis- trict of North Carolina, at Greensboro. Frank W. Bullock, Jr., Chief District Judge. (CR-90-159, CA-97-1339-1)

Submitted: December 17, 1998 Decided: January 11, 1999

Before WILKINS, NIEMEYER, and TRAXLER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

William Parker, Appellant Pro Se. Paul Alexander Weinman, Assistant United States Attorney, Greensboro, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM: William Parker seeks to appeal the district court’s order denying his motion filed under 28 U.S.C.A. § 2255 (West 1994 & Supp. 1998) as untimely filed. 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 a certificate of appealability and dismiss the appeal on the reasoning of the district court. See United States v. Parker, No. CR-90-159; CA-97-1339-1 (M.D.N.C. Sept. 29, 1998). We deny Parker’s motion for appointment of counsel. 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