UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 99-6866

THOMAS ANDREW SCOTT, Petitioner - Appellant, versus

RONALD J. ANGELONE, Director of Department of Corrections; VIRGINIA PAROLE BOARD, Respondents - Appellees.

Appeal from the United States District Court for the Eastern Dis- trict of Virginia, at Alexandria. T.S. Ellis, III, District Judge. (CA-99-416-AM)

Submitted: May 19, 2000 Decided: June 21, 2000

Before MURNAGHAN and KING, Circuit Judges, and BUTZNER, Senior Cir- cuit Judge.

Dismissed by unpublished per curiam opinion.

Thomas Andrew Scott, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM: Thomas Andrew Scott seeks to appeal the district court’s order denying relief on his petition filed under 28 U.S.C.A. § 2254 (West 1994 & Supp. 2000). We have reviewed the record and the district court’s opinion and find no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal substantially on the reasoning of the district court. See Scott v. Angelone, No. CA-99-416-AM (E.D. Va. May 28, 1999). We conclude the one year limitations period of 28 U.S.C.A. § 2244(d) (West Supp. 2000) lapsed before Scott’s May 12, 1998 filing for state post-conviction relief; therefore, no portion of the limitations period was tolled.

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

DISMISSED