UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 97-6088
MICHAEL R. FULLER,
Petitioner - Appellant,
versus
COMMONWEALTH OF VIRGINIA,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern Dis-
trict of Virginia, at Alexandria. Albert V. Bryan, Jr., Senior
District Judge. (CA-96-1834-A)
Submitted: May 1, 1997 Decided: May 8, 1997
Before WIDENER and MURNAGHAN, Circuit Judges, and PHILLIPS, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Michael R. Fuller, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.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 without prejudice 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. Accord-
ingly, we deny a certificate of appealability and dismiss the
appeal on the reasoning of the district court. Fuller v. Virginia,
No. CA-96-1834-A (E.D. Va. Jan. 3, 1997). 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