UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 96-6870

CLINTON MCDANIELS,

Plaintiff - Appellant,

versus

LARRY V. STARCHER, and any other Judge having the power to sign an order dismissing the Nobles Case No. 83-C-349,

Defendant - Appellee.

Appeal from the United States District Court for the Northern Dis- trict of West Virginia, at Elkins. Robert Earl Maxwell, Senior District Judge. (CA-96-31-2)

Submitted: November 21, 1996 Decided: December 4, 1996

Before HALL, WILKINS, and HAMILTON, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Clinton McDaniels, Appellant Pro Se. Mario Joseph Palumbo, Attor- ney General, Charleston, West Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Appellant, a West Virginia inmate, appeals the district

court's order denying relief on his

(1994) com-

plaint under

(d) (1994), amended by Prison Litiga- tion Reform Act,

Stat. 1321 (1996). We

have reviewed the record and the district court's opinion and find

that this appeal is frivolous. Accordingly, we dismiss the appeal

on the reasoning of the district court. McDaniels v. Starcher,

No. CA-96-31-2 (N.D.W. Va. Apr. 24, 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.

DISMISSED

2