UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 99-7221

MICHAEL KENNEDY,

Petitioner - Appellant,

versus

JOHN M. VANYUR,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern Dis- trict of North Carolina, at Raleigh. W. Earl Britt, Senior Dis- trict Judge. (CA-98-947-BR)

Submitted: January 20, 2000 Decided: February 1, 2000

Before WILLIAMS, MICHAEL, and TRAXLER, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Michael Kennedy, Appellant Pro Se. Fenita Morris Shepard, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:

Michael Kennedy appeals the district court’s orders denying

relief on his

(1994) petition and denying his

motion for leave to proceed in forma pauperis on appeal. We have

reviewed the record, the district court’s opinion accepting the

recommendation of the magistrate judge, and the order denying leave

to proceed in forma pauperis, and find no reversible error.

Accordingly, we affirm on the reasoning of the district court. See

Kennedy v. Vanyur, No. CA-98-947-BR (E.D.N.C. Aug. 25, 1999 & Oct.

15, 1999). We deny leave to proceed in forma pauperis and 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.

AFFIRMED

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