UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 97-6926

JEFFREY T. BURNS, Plaintiff - Appellant, versus

MRS. BLOUNT, Defendant - Appellee, and RONALD AVERY; LIEUTENANT BATTLE; SERGEANT BEASLEY; OFFICER JACOBS; OFFICER KRULL, Defendants.

Appeal from the United States District Court for the Eastern Dis- trict of North Carolina, at Raleigh. James C. Fox, Chief District Judge. (CA-95-58-5-F)

Submitted: September 11, 1997 Decided: September 23, 1997

Before RUSSELL, MURNAGHAN, and HAMILTON, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Jeffrey T. Burns, Appellant Pro Se. Reid Russell, PATTERSON, DILTHEY, CLAY & BRYSON, 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Unpublished opinions are not binding precedent in this circuit.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 denying relief on his 42 U.S.C. § 1983 (1994) complaint. We have reviewed the record and the district court's opinions partially accepting the magis- trate judge's recommendation and find no reversible error. Accord- ingly, we affirm on the reasoning of the district court. Burns v. Blount, No. CA-95-58-5-F (E.D.N.C. Aug. 14, 1996 & June 17, 1997).

We dispense with oral argument because the facts and legal conten- tions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED