UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 96-7449

LEE DAVID COLLINS, JR., Plaintiff - Appellant, versus PARKER EVATT, Commissioner; DAVID L. BARTLES, Drector; ROBERT W. DONLIN, Deputy Regional Administrator, South Carolina Department of Corrections, Defendants - Appellees.

Appeal from the United States District Court for the District of South Carolina, at Columbia. Matthew J. Perry, Jr., Senior District Judge. (CA-94-2426-3-OBD)

Submitted: March 25, 1997 Decided: April 9, 1997 Before MURNAGHAN, WILLIAMS, and MICHAEL, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Lee David Collins, Jr., Appellant Pro Se. Vinton DeVane Lide, Michael Stephen Pauley, LIDE, MONTGOMERY, POTTS & MEDLOCK, P.C., Columbia, South Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.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 42 U.S.C. § 1983 (1994) complaint. We have reviewed the record and the district court's opinion accepting the magistrate judge's recommendation and find no reversible error. Accordingly, we affirm on the reasoning of the district court. Collins v. Evatt, No. CA- 94-2426-3-OBD (D.S.C. Aug. 30, 1996). We deny Appellant's motions for appointment of counsel and for reconsideration of our denial of his motion to proceed without prepayment of fees. We dispense with oral argument because the facts and legal contentions are adequate- ly presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED