UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 95-7345

JAMES D. HABURN, SR.,

Plaintiff - Appellant,

versus

W. K. JONES, Superintendent, Wake Correctional Center; LYNN PHILLIPS, Director of Prisons; FRANKLIN FREEMAN, Secretary, North Carolina Department of Corrections; HAZEL KEITH, Mana- ger, Combined Records Section,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern Dis- trict of North Carolina, at Raleigh. Malcolm J. Howard, District Judge. (CA-95-545-5-H)

Submitted: November 30, 1995 Decided: January 2, 1996

Before NIEMEYER and WILLIAMS, Circuit Judges, and BUTZNER, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

James D. Haburn, Sr., 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Unpublished opinions are not binding precedent in this circuit.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 abuse of

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

court. Haburn v. Jones, No. CA-95-545-5-H (E.D.N.C. July 21, 1995). We dispense with oral argument because the facts and legal conten-

tions are adequately presented in the materials before the court

and argument would not aid the decisional process.

AFFIRMED

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