UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 95-8566

TERRY LEE MCCLAIN, Plaintiff - Appellant, versus DEPARTMENT OF THE NAVY; J. T. GALBREATH, PNC, BYDIR, OIC, Dispersing Officer, Defendants - Appellees.

Appeal from the United States District Court for the Western Dis- trict of North Carolina, at Charlotte. Graham C. Mullen, District Judge. (CA-95-415-3-MU)

Submitted: May 16, 1996 Decided: May 31, 1996

Before RUSSELL, LUTTIG, and WILLIAMS, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Terry Lee McClain, 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Unpublished opinions are not binding precedent in this circuit.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 42 U.S.C. § 1983 (1988) complaint. We have reviewed the record and the district court's opinion and find no reversible error. However, we affirm the district court's dismissal under 28 U.S.C. § 1915(d) (1988) on the grounds that Appellant's complaint, filed ten years after the cause of action had accrued, is time- barred. 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.

AFFIRMED