UNITED STATES of America, Plaintiff-Appellee, v. Lucious Wayne DAYE, Defendant-Appellant, 26 F. App'x 334

PER CURIAM. Lucious Wayne Daye appeals the district court’s order dismissing his motion filed under 28 U.S.C.A. § 2255 (West Supp.2001) as time-barred under the Anti-terrorism and Effective Death Penalty Act (AEDPA). We have reviewed the record and the district court’s opinion and find no reversible error. See United States v. Daye, Nos. CR-96-9-V; CA-01-120-2-5-V (W.D.N.C. July 25, 2001). Accordingly, we deny a certificate of appealability and dismiss the appeal.

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. While Daye did not receive notice and an opportunity to respond prior to dismissal as required by our recent decision in Hill v. Braxton, 277 F.3d 701 (4th Cir.2002) (published), which issued subsequent to the district court’s order, we find no harmful error as Daye’s challenges to the applicability of the statutory limitations period fail as a matter of law.