UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 97-7011

JOHN GRIMES WELLS,

Plaintiff - Appellant,

versus

TOMMY A. COLEMAN, Officer; JIMMY BROWN, Cap- tain; JOHN BAKER, Sheriff,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern Dis- trict of North Carolina, at Raleigh. W. Earl Britt, District Judge. CA-97-416-5-BR)

Submitted: September 25, 1997 Decided: October 21, 1997

Before LUTTIG, MICHAEL, and MOTZ, Circuit Judges.

Dismissed by unpublished per curiam opinion.

John Grimes Wells, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Appellant, a North Carolina inmate, appeals the district

court's order denying relief on his

(1994) com-

plaint under

(e)(2) (West 1994 & Supp. 1997). We

have reviewed the record and the district court's opinion and find

that this appeal is frivolous. Accordingly, we dismiss the appeal on the reasoning of the district court. Wells v. Coleman, No. CA- 97-416-5-BR (E.D.N.C. July 1, 1997). 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 deci- sional process.

DISMISSED

2