UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 96-7905

SHELBY L. COUNTS, Plaintiff - Appellant, versus

JOHN R. NEWHART, Sheriff; RON ANGELONE, Vir- ginia Department of Corrections, Defendants - Appellees.

Appeal from the United States District Court for the Eastern Dis- trict of Virginia, at Norfolk. J. Calvitt Clarke, Senior District Judge. (CA-96-101-2)

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Affirmed by unpublished per curiam opinion.

Shelby L. Counts, Appellant Pro Se. Samuel Lawrence Dumville, Virginia Beach, Virginia; Lance Bradford Leggitt, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, 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Unpublished opinions are not binding precedent in this circuit.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 and find no reversible error. Ac- cordingly, we affirm on the reasoning of the district court. Counts v. Newhart, No. CA-96-101-2 (E.D. Va. Nov. 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.

AFFIRMED