UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 96-6706

DONALD HUBERT WAGNER, Plaintiff - Appellant, versus VIRGINIA DEPARTMENT OF CORRECTIONS; OFFICER HICKS; OFFICER LUDWIG, Defendants - Appellees.

Appeal from the United States District Court for the Eastern Dis- trict of Virginia, at Richmond. David G. Lowe, Magistrate Judge. (CA-95-657-3)

Submitted: July 23, 1996 Decided: August 6, 1996

Before WIDENER, NIEMEYER, and MICHAEL, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Donald Hubert Wagner, Appellant Pro Se. Alexander Leonard Taylor, Jr., OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virgin- ia, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM: Appellant appeals from the magistrate judge's order denying his Fed. R. Civ. P. 60(b) motion. We have reviewed the record and the magistrate judge's opinion and find no reversible error. See United States v. Williams, 674 F.2d 310, 312 (4th Cir. 1982). Ac- cordingly, we affirm on the reasoning of the district court. Wagner v. Virginia Dep't of Corrections, No. CA-95-657-3 (E.D. Va. Apr. 9, 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 decisional process.

AFFIRMED