UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 96-7247

FREDDY L. WAMBACH,

Plaintiff - Appellant,

versus

CHARLES M. CREECY, JR.; GARY DIXON; DOCTOR SHAH; MS. LOWNEY,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern Dis- trict of North Carolina, at Raleigh. W. Earl Britt, District Judge. (CA-96-545-BR)

Submitted: December 10, 1996 Decided: December 24, 1996

Before NIEMEYER and WILLIAMS, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Freddy L. Wambach, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Appellant, a North Carolina inmate, appeals the district

court's order denying relief on his

(1994)

complaint under

(d) (1994), amended by Prison Litigation 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. Wambach v. Creecy,

No. CA-96-545-BR (E.D.N.C. Aug. 8, 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