UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 97-7762
DONALD L. SPENCER,
Petitioner - Appellant,
versus
D. A. GARRAGHTY, Warden,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern Dis-
trict of Virginia, at Richmond. Richard L. Williams, Senior Dis-
trict Judge. (CA-97-509)
Submitted: August 18, 1998 Decided: September 8, 1998
Before HAMILTON, LUTTIG, and WILLIAMS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Donald L. Spencer, Appellant Pro Se. Robert H. Anderson, III,
OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, 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Unpublished opinions are not binding precedent in this circuit.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. 1998). We have reviewed the record and the district court’s
opinion and find no reversible error. Accordingly, we deny leave to
proceed in forma pauperis, deny a certificate of appealability, and
dismiss the appeal on the reasoning of the district court. Spencer
v. Garraghty, No. CA-97-509 (E.D. Va. Oct. 20, 1997). We deny Ap-
pellant’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
2