UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 99-6296

JOHNATHAN LEE X SMITH, Petitioner - Appellant, versus

DAVID A. ROBINSON, Warden, Respondent - Appellee.

No. 99-6634

JOHNATHAN LEE X SMITH, Petitioner - Appellant, versus

DAVID A. ROBINSON, Warden, Respondent - Appellee.

Appeals from the United States District Court for the Eastern Dis- trict of Virginia, at Richmond. James R. Spencer, District Judge. (CA-97-916-3)

Submitted: July 22, 1999 Decided: July 28, 1999 Before ERVIN, HAMILTON, and TRAXLER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Johnathan Lee X Smith, Appellant Pro Se. Vaughan Christopher Jones, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM: In Appeal No. 99-6296, Johnathan Lee X Smith seeks to appeal from 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 no reversible error. Accordingly, although we grant Smith’s motion for leave to proceed in forma pauperis on appeal, we deny a cer- tificate of appealability and dismiss appeal No. 99-6296 on the reasoning of the district court. See Smith v. Robinson, No. CA-97- 916-3 (E.D. Va. Feb. 16, 1999).

In Appeal No. 99-6634, Smith appeals from the district court’s order denying his motion for leave to proceed in forma pauperis in Appeal No. 99-6296. Because we grant him leave to so proceed, this appeal is moot. Accordingly, we grant Smith’s motion for leave to proceed in forma pauperis and dismiss this appeal as moot. We dis- pense 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