UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 97-6509

JERRY L. JOHNSON,

Plaintiff - Appellant,

versus

BOARD OF CORRECTIONS; DOUGLAS TAYLOR, Warden; J. GLENN ALEWINE, Medical Director; MICHAEL SHEATIE, Deputy Warden, in their individual and official capacities, Defendants - Appellees.

Appeal from the United States District Court for the District of South Carolina, at Charleston. Matthew J. Perry, Jr., Senior District Judge. (CA-96-2555-2-10AJ)

Submitted: September 9, 1997 Decided: October 15, 1997

Before MURNAGHAN and NIEMEYER, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Jerry L. Johnson, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:

Appellant, a South Carolina inmate, appeals the district

court's order denying relief on his

(1994) com-

plaint under

(A) (West Supp. 1997). We have

reviewed the record and the district court's opinion accepting the

magistrate judge's recommendation and find that this appeal is frivolous. Accordingly, we dismiss the appeal on the reasoning of

the district court. Johnson v. Board of Corrections, No. CA-96- 2555-2-10AJ (D.S.C. Mar. 13, 1997). We deny the motion to appoint

counsel and 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.

DISMISSED

2