UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 99-7662

KENNETH EUGENE COFFEY, Petitioner - Appellant, versus

DEAN R. WALKER, Respondent - Appellee.

Appeal from the United States District Court for the Western Dis- trict of North Carolina, at Statesville. Richard L. Voorhees, Dis- trict Judge. (CA-98-715-3-V)

Submitted: March 9, 2000 Decided: March 15, 2000

Before WILKINS, TRAXLER, and KING, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Robert Keller Leonard, Winston-Salem, North Carolina, for Appel- lant. Clarence Joe DelForge, III, OFFICE OF THE ATTORNEY GENERAL OF NORTH CAROLINA, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM: Kenneth Eugene Coffey seeks to appeal the district court’s order dismissing as untimely his motion 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. Accord- ingly, we deny a certificate of appealability and dismiss the ap- peal on the reasoning of the district court. See Coffey v. Walker, No. CA-98-715-3-V (W.D.N.C. Sept. 29, 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