UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 95-6994

JAMES RODNEY SMITH,

Plaintiff - Appellant,

versus

SOUTHERN CORRECTIONAL INSTITUTION; CUMBERLAND COUNTY SHERIFF'S DEPARTMENT,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern Dis- trict of North Carolina, at Raleigh. Terrence W. Boyle, District Judge. (CA-95-247-5-CT-BO)

Submitted: December 14, 1995 Decided: January 4, 1996

Before ERVIN, Chief Judge, and WIDENER and WILKINS, Circuit Judges.

Affirmed by unpublished per curiam opinion.

James Rodney Smith, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:

Appellant appeals from the district court's order denying

relief on his

(1988) complaint. We have reviewed

the record and the district court's opinion and find no reversible

error. Accordingly, we affirm on the reasoning of the district

court. Smith v. Southern Correctional Inst., No. CA-95-247-5-CT-BO (E.D.N.C. June 9, 1995). 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.

AFFIRMED

2