UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 99-6337

JOHN HENRY WEST, III, Petitioner - Appellant, versus

WARDEN, RED ONION STATE PRISON; ATTORNEY GEN- ERAL OF THE COMMONWEALTH OF VIRGINIA, Respondents - Appellees.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Albert V. Bryan, Jr., Senior District Judge. (CA-99-60)

Submitted: May 13, 1999 Decided: May 19, 1999

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

Dismissed by unpublished per curiam opinion.

Mark Alan Epstein, Baltimore, Maryland, for Appellant. Marla Graff Decker, Assistant Attorney General, Richmond, Virginia, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM: John Henry West, III, seeks to appeal the district court’s order denying relief on his petition filed under 28 U.S.C.A. § 2254 (West 1994 & Supp. 1998). We have reviewed the record and the dis- trict court’s opinion and find no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of the district court. See West v. Warden, Red Onion State Prison, No. CA-99-60 (E.D. Va. Feb. 3, 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