UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 97-1045

MICHAEL L. DONNER, SR., Plaintiff - Appellant, versus THOMAS G. HODGES, Defendant - Appellee.

No. 97-1102

MICHAEL L. DONNER, SR., Plaintiff - Appellee, versus THOMAS G. HODGES, Defendant - Appellant.

Appeals from the United States District Court for the Eastern District of Virginia, at Alexandria. Leonie M. Brinkema, District Judge. (CA-96-1439-A)

Submitted: March 27, 1997 Decided: April 4, 1997

Before RUSSELL, LUTTIG, and MICHAEL, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Michael L. Donner, Sr., Appellant Pro Se. D. Stan Barnhill, WOODS, ROGERS & HAZLEGROVE, Roanoke, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM: Michael L. Donner, Sr., appeals a district court order dis- missing his amended complaint for failure to state a claim upon which relief could be granted and a subsequent order denying his motion to amend judgment. We have reviewed the record and the dis- trict court's opinions and find no reversible error. Accordingly, in No. 97-1045, we affirm on the reasoning of the district court.

Donner v. Hodges, No. CA-96-1439-A (E.D. Va. Dec. 13 and Dec. 31, 1996). In light of our decision in No. 97-1045, we affirm Thomas C.

Hodges' cross-appeal of the district court's order denying Hodges' motion to dismiss on other grounds and granting Donner's motion to amend his complaint. We dispense with oral argument because the facts and legal contentions are adequately presented in the mate- rials before the court and argument would not aid the decisional process.

AFFIRMED