UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 96-2826

CLAUDE HOSCH, Plaintiff - Appellant, versus BANDAG, INCORPORATED, Defendant - Appellee.

Appeal from the United States District Court for the Eastern Dis- trict of North Carolina, at Raleigh. W. Earl Britt, District Judge. (CA-96-894-5-BR-2)

Submitted: March 13, 1997 Decided: March 18, 1997

Before HALL, ERVIN, and WILKINS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Claude Hosch, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM: Appellant appeals the district court's order denying relief on his civil complaint under 28 U.S.C. § 1915(e) (1994), amended by Prison Litigation Reform Act, Pub. L. No. 104-134, 110 Stat. 1321 (1996). We have reviewed the record and the district court's opin- ion and find that this appeal is frivolous. Accordingly, we dismiss the appeal on the reasoning of the district court. Hosch v. Bandag, No. CA-96-894-5-BR-2 (E.D.N.C. Dec. 6, 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