UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 98-7117
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
ANTHONY BUTTS,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern Dis-
trict of Virginia, at Norfolk. Robert G. Doumar, Senior District
Judge. (CR-89-57-N, CA-97-1161-2)
Submitted: January 21, 1999 Decided: February 9, 1999
Before LUTTIG, MOTZ, and KING, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Anthony Butts, Appellant Pro Se. Robert Joseph Seidel, Jr., Assis-
tant United States Attorney, Norfolk, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Anthony Butts seeks to appeal the district court’s order deny-
ing his motion filed under 28 U.S.C.A. § 2255 (West 1994 & Supp.
1998). We have reviewed the record and the district court’s opin-
ion and find no reversible error. Appellant’s unverified assertion
that he had filed the identical motion on April 3, 1997, is belied
by the record. Appellant’s § 2255 motion indicated that he had not
filed any previous motions for post-conviction relief. In addi-
tion, his claim that the untimely motion was a mere copy of the
filing he made in April 1997, is refuted by the motion itself which
is dated November 24, 1997. Accordingly, we grant leave to proceed
in forma pauperis but deny a certificate of appealability and dis-
miss the appeal on the reasoning of the district court. See United
States v. Butts, Nos. CR-89-57-N; CA-97-1161-2 (E.D. Va. May 27,
1998). 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