UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 97-6772

BOBBY SMITH,

Plaintiff - Appellant,

versus

MICHAEL MOORE, Director of the South Carolina Department of Corrections; MICHAEL R. NICKER- SON, Correctional Officer; LINDA YARBOROUGH, Correctional Officer, Property Control; ISAAC BOOKER, Grievance Clerk; THOMAS W. BAKER, Administrative Assistant for D.C.I.,

Defendants - Appellees.

Appeal from the United States District Court for the District of South Carolina, at Columbia. Henry M. Herlong, Jr., District Judge. (CA-96-3011-3-20BC)

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

Before LUTTIG, MICHAEL, and MOTZ, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Bobby Smith, Appellant Pro Se. William Ansel Collins, Jr., SOUTH CAROLINA DEPARTMENT OF CORRECTIONS, Columbia, South Carolina, 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Unpublished opinions are not binding precedent in this circuit.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

(1994) complaint. We have reviewed the record

and the district court's opinion accepting the magistrate judge's

recommendation and find no reversible error. Accordingly, we affirm

on the reasoning of the district court. Smith v. Moore, No. CA-96- 3011-3-20BC (D.S.C. May 9, 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.

AFFIRMED

2