UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 00-7442

KENNETH HARDY, Petitioner - Appellant, versus

STAN K. YOUNG, Respondent - Appellee.

Appeal from the United States District Court for the Eastern Dis- trict of Virginia, at Richmond. Richard L. Williams, Senior Dis- trict Judge. (CA-00-251)

Submitted: March 22, 2001 Decided: March 28, 2001

Before WILKINS, LUTTIG, and MICHAEL, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Kenneth Hardy, Appellant Pro Se. Hazel Elizabeth Shaffer, Assis- tant Attorney General, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM: Kenneth Hardy 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 find that Hardy’s petition was not timely filed. 28 U.S.C.A. §§ 2244(d), 2254 (West 1994 & Supp. 2000); Harris v. Hutchinson, 209 F.3d 325, & n.1 (4th Cir. 2000). Accordingly, we deny a certificate of appealability and dismiss the appeal. We dispense with oral argu- ment because the facts and legal contentions are adequately pre- sented in the materials before the court and argument would not aid the decisional process.

DISMISSED