UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 99-6431

DONALD RAY HOOKS, Petitioner - Appellant, versus

ATTORNEY GENERAL OF NORTH CAROLINA; DEAN WALKER, Superintendent, Respondents - Appellees.

Appeal from the United States District Court for the Middle Dis- trict of North Carolina, at Durham. James A. Beaty, Jr., District Judge. (CA-98-372-1)

Submitted: June 29, 1999 Decided: July 15, 1999

Before HAMILTON, WILLIAMS, and TRAXLER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

John David Bryson, WYATT, EARLY, HARRIS, WHEELER & HAUSER, High Point, North Carolina, for Appellant. Clarence Joe DelForge, III, OFFICE OF THE ATTORNEY GENERAL OF NORTH CAROLINA, Raleigh, North Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM: Donald Ray Hooks seeks to appeal the district court’s order denying relief on his petition filed under 28 U.S.C.A. § 2254 (West 1994 & Supp. 1999). We have reviewed the record and the district court’s opinion and find that Hooks has failed to make a substan- tial showing of the denial of a constitutional right. See 28 U.S.C.A. § 2253(c) (West Supp. 1999). Accordingly, we deny a cer- tificate of appealability and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequate- ly presented in the materials before the Court and argument would not aid the decisional process.

DISMISSED