UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 97-1567

JAMES G. GWALTNEY,

Plaintiff - Appellant,

versus

UNITED STATES OF AMERICA; SECRETARY OF THE NAVY; CHIEF OF NAVAL PERSONNEL; COMMANDER, NAVAL MILITARY PERSONNEL COMMAND; JUDGE ADVOCATE GENERAL OF THE NAVY; SECRETARY OF DEFENSE, as superior officer over the Secretary of the Navy,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern Dis- trict of Virginia, at Norfolk. Henry C. Morgan, Jr., District Judge. (CA-96-369-2)

Submitted: November 6, 1997 Decided: November 19, 1997

Before WIDENER and LUTTIG, Circuit Judges, and BUTZNER, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

James G. Gwaltney, Appellant Pro Se. Michael Anson Rhine, OFFICE OF THE UNITED STATES ATTORNEY, Norfolk, Virginia; Geoffrey M. Coan, UNITED STATES NAVY, Alexandria, 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 Unpublished opinions are not binding precedent in this circuit.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 orders granting the

Defendants' motion for summary judgment based on res judicata and later denying his motion for reconsideration of that order. We have

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

find no reversible error. Accordingly, we affirm on the reasoning of the district court. Gwaltney v. United States, No. CA-96-369-2

(E.D. Va. Nov. 13, 1996; Feb. 28, 1997). Appellant's motion for

oral argument is denied. We dispense with oral argument because the facts and legal contentions are adequately presented in the mate-

rials before the court and argument would not aid the decisional

process.

AFFIRMED

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