UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 96-6862

WILLIE MORRIS MCBRIDE, Plaintiff - Appellant, versus CHARLES E. JENKINS, II, Defendant - Appellee.

Appeal from the United States District Court for the Eastern Dis- trict of Virginia, at Richmond. Robert R. Merhige, Jr., Senior District Judge. (CA-96-26)

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

Before HALL, WILKINS, and HAMILTON, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Willie Morris McBride, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM: Appellant, a Virginia inmate, appeals from the district court's order denying relief on his 42 U.S.C. § 1983 (1994) com- plaint under 28 U.S.C. § 1915(d) (1994), amended by Prison Litiga- tion Reform Act, Pub. L. No. 104-134, 110 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. McBride v. Jenkins, No. CA- 96-26 (E.D. Va. May 14, 1996). We deny Appellant's motion to stay the case pending a decision in his state court action. We also deny his motion for 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.

DISMISSED