UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 98-7618
NORMAN CUNYON, JR.,
Petitioner - Appellant,
versus
ATTORNEY GENERAL OF NORTH CAROLINA; CHARLES E.
HILL,
Respondents - Appellees.
Appeal from the United States District Court for the Middle Dis-
trict of North Carolina, at Greensboro. N. Carlton Tilley, Jr.,
District Judge. (CA-97-654-2)
Submitted: March 11, 1999 Decided: March 16, 1999
Before WIDENER and LUTTIG, Circuit Judges, and PHILLIPS, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Norman Cunyon, Jr., Appellant Pro Se. Clarence Joe DelForge, III,
OFFICE OF THE ATTORNEY GENERAL OF NORTH CAROLINA, Raleigh, North
Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Norman Cunyon, Jr., 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). This petition was properly construed as
arising under 28 U.S.C.A. § 2254 by the district court. See
Preiser v. Rodriguez, 411 U.S. 475, 497 (1973) (challenge of the
withdrawal of good time credits falls squarely within the scope of
28 U.S.C. § 2254). Cunyon previously filed a 28 U.S.C. § 2254
petition in 1990 which was denied. See Cunyon v. Allsbrook, No. C-
90-23-G (M.D.N.C. May 31, 1991). Thus, the present petition is
successive, relates to facts known at the time of the prior peti-
tion, and Cunyon failed to receive authorization from the Court to
file this successive petition, nor would it be one authorized under
28 U.S.C.A. § 2244 (West 1994 & Supp. 1998). Moreover, Cunyon has
failed to establish either prong of 28 U.S.C. § 2254(d). Accord-
ingly, we deny a certificate of appealability and dismiss the
appeal on this basis. We dispense with oral argument because the
facts and legal contentions are adequately presented in the mate-
rials before the court and argument would not aid the decisional
process.
DISMISSED
2