Gaither v. French

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 96-7669
LARRY DONNELL GAITHER,
Petitioner - Appellant,
versus
JAMES B. FRENCH,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern Dis-
trict of North Carolina, at Raleigh. Terrence W. Boyle, District
Judge. (CA-96-119-5-BO)
Submitted: May 1, 1997 Decided: May 7, 1997
Before WIDENER and MURNAGHAN, Circuit Judges, and PHILLIPS, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Larry Donnell Gaither, Appellant Pro Se. 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Unpublished opinions are not binding precedent in this circuit.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:
Appellant seeks to appeal the district court's order denying
relief on his petition filed under 28 U.S.C.A. § 2254 (West 1994 &
Supp. 1997). We have reviewed the record and the district court's
opinion and find no reversible error. Accordingly, we deny a cer-
tificate of appealability, deny Appellant's motions for a certifi-
cate of probable cause to appeal, and dismiss the appeal on the
reasoning of the district court. Gaither v. French, No. CA-96-119-
5-BO (E.D.N.C. Oct. 18, 1996). 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 deci-
sional process.
DISMISSED
2