UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 02-7375

KELVIN J. MILES, Petitioner - Appellant, versus

LLOYD WATERS, Warden, Maryland Correctional Institution, Respondent - Appellee.

Appeal from the United States District Court for the District of Maryland, at Baltimore. Frederic N. Smalkin, Chief District Judge. (CA-02-2923-S)

Submitted: October 18, 2002 Decided: November 8, 2002

Before NIEMEYER, WILLIAMS, and MICHAEL, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Kelvin J. Miles, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM: Kelvin J. Miles seeks to appeal the district court’s order dismissing as successive his petition filed under 28 U.S.C. § 2254 (2000). We have reviewed the record and conclude that Miles has not made a substantial showing of the denial of a constitutional right.

See Slack v. McDaniel, 529 U.S. 473, 484 (2000). Accordingly, we deny a certificate of appealability, deny leave to proceed in forma pauperis, and dismiss the appeal. See 28 U.S.C. § 2253(c)(1)(B) (2000); Slack, 529 U.S. at 484. 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