UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 95-7739 JAMES HARRIS, a/k/a John Wiley, Petitioner - Appellant, versus LIEUTENANT COLONEL TEGETOFF; ATTORNEY GENERAL OF THE STATE OF MARYLAND, Respondents - Appellees. Appeal from the United States District Court for the District of Maryland, at Baltimore. Catherine C. Blake, District Judge. (CA- 95-2606-CCB) Submitted: April 15, 1996 Decided: April 25, 1996 Before ERVIN and MOTZ, Circuit Judges, and CHAPMAN, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. James Harris, 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 Unpublished opinions are not binding precedent in this circuit.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 dismiss- ing without prejudice his 28 U.S.C. § 2254 (1988) petition for failure to exhaust state court remedies. We have reviewed the rec- ord and the district court's opinion and find no reversible error. Accordingly, we deny a certificate of probable cause to appeal and dismiss the appeal on the reasoning of the district court. Harris v. Tegetoff, No. CA-95-2606-CCB (D. Md. Sept. 18, 1995). We dis- pense 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