UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 96-2754

ANTONIO A. GUTLIFFE, Plaintiff - Appellant, versus

SHIRLEY S. CHATER, COMMISSIONER OF SOCIAL SECURITY, Defendant - Appellee.

Appeal from the United States District Court for the Eastern District of North Carolina, at Wilmington. James C. Fox, Chief District Judge. (CA-95-123-7-F2)

Submitted: June 19, 1997 Decided: June 26, 1997

Before WILKINS and MICHAEL, Circuit Judges, and BUTZNER, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Antonio A. Gutliffe, Appellant Pro Se. Barbara Dickerson Kocher, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM: Appellant appeals the district court's order affirming a deci- sion of the Commissioner of Social Security to deny a waiver to recovery of an overpayment of disability benefits. We have reviewed the record and the district court's opinion accepting the recom- mendation of the magistrate judge and find no reversible error.

Accordingly, we affirm on the reasoning of the district court.

Gutliffe v. Chater, Comm’r Soc. Sec., No. CA-95-123-7-F2 (E.D.N.C. Oct. 24, 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.

AFFIRMED