UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 99-6736

GLENN CALVIN LAWHORN, JR., Petitioner - Appellant, versus

LONNIE SAUNDERS, Warden, Respondent - Appellee.

Appeal from the United States District Court for the Western Dis- trict of Virginia, at Roanoke. Jackson L. Kiser, Senior District Judge. (CA-99-317-7)

Submitted: September 9, 1999 Decided: September 15, 1999

Before ERVIN, WILKINS, and HAMILTON, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Glenn Calvin Lawhorn, Jr., Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM: Glenn Calvin Lawhorn, Jr., seeks to appeal the district court’s order dismissing without prejudice his petition filed under 28 U.S.C.A. § 2254 (West 1994 & Supp. 1999). Lawhorn’s petition is successive. Because Lawhorn failed to file a motion for authori- zation to file a successive petition pursuant to 28 U.S.C.A. § 2244(b)(3)(A) (West Supp. 1999), we deny a certificate of appeal- ability and dismiss the appeal on the reasoning of the district court. See Lawhorn v. Saunders, CA-99-317-7 (W.D.Va. May 6, 1999).

We dispense with oral argument because the facts and legal con- tentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED