O'Kelly v. Commonwealth of VA

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 96-7703
THOMAS O'KELLY, JR.,
Petitioner - Appellant,
versus
COMMONWEALTH OF VIRGINIA,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern Dis-
trict of Virginia, at Richmond. Robert E. Payne, District Judge.
(CA-95-630)
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Dismissed by unpublished per curiam opinion.
Thomas O'Kelly, Jr., Appellant Pro Se. Leah Ann Darron, Assistant
Attorney General, Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Appellant appeals 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 certificate of
appealability and dismiss the appeal on the reasoning of the dis-
trict court. O'Kelly v. Virginia, No. CA-95-630 (E.D. Va. Sept. 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 decisional process.
DISMISSED
2