UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 96-6306

ANTHONY ATKINS, Plaintiff - Appellant, versus CORRECTIONAL OFFICER BANKS; SERGEANT CARTER, SR.; WARDEN TAYLOR, Defendants - Appellees.

Appeal from the United States District Court for the Western Dis- trict of Virginia, at Roanoke. James C. Turk, District Judge. (CA-96-132-R)

Submitted: May 16, 1996 Decided: June 6, 1996

Before RUSSELL, LUTTIG, and WILLIAMS, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Anthony Atkins, 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Unpublished opinions are not binding precedent in this circuit.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 re- lief without prejudice 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. Accordingly, we affirm on the reasoning of the district court. Atkins v. Correctional Officer Banks, No. CA-96- 132-R (W.D. Va. Feb. 22, 1996). 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 deci- sional process.

AFFIRMED