UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 97-1157

CALVIN EARL BROWN, Plaintiff - Appellant, versus WILLIAM C. GRIFFIN, JR.; CLIFTON M. EVERETT, JR.; THOMAS S. PAYNE III, Clerk of Court; VICKY EVERETT, Clerk of Superior Court; NATIONSBANK OF NORTH CAROLINA, N.A., Defendants - Appellees.

Appeal from the United States District Court for the Eastern District of North Carolina, at Greenville. Malcolm J. Howard, District Judge. (CA-96-150)

Submitted: April 17, 1997 Decided: April 30, 1997 Before NIEMEYER and WILLIAMS, Circuit Judges, and BUTZNER,* Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

* Senior Judge Butzner did not participate in consideration of this case. The opinion is filed by a quorum of the panel pursuant to 28 U.S.C. § 46(d).

Calvin Earl Brown, Appellant Pro Se. Charles Jerome Murray, OFFICE OF THE ATTORNEY GENERAL OF NORTH CAROLINA, Raleigh, North Carolina; Leslie Calkins O'Toole, Alex John Hagan, SMITH, HELMS, MULLISS & MOORE, Raleigh, North 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Unpublished opinions are not binding precedent in this circuit.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 dismissing his civil action. We have reviewed the record and the district court's opinion and find no reversible error. Accordingly, we affirm the district court's order granting Appellees' motion for summary judg- ment because the record reveals that the complaint fails to state a claim upon which relief may be granted. See Fed. R. Civ. P. 12(b)(6). 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.

AFFIRMED