Eddie Dean Pannell appeals the district court’s order denying his 28 U.S.C.A. § 2254 (West 1994 & Supp. 2001) petition as untimely filed. We have reviewed the record, the district court’s opinion, and Pannell’s informal appellate brief. Because Pannell failed to challenge on appeal the basis for the district court’s ruling, he has not preserved this issue for our review. 4th Cir. R. 34(b). In any event, it is clear that the district court correctly found Pannell’s § 2254 petition untimely. Accordingly, we deny a certificate of appealability and dismiss the appeal. We also deny Pannell’s motion for appointment of counsel. 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.