UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 97-7300

KENNY DREW SAYRE, SR.,

Plaintiff - Appellant,

versus

WAYNE L. GODWIN, Sheriff; ROBERT LINVILLE, Chief Jailer; CARMINE J. CANN, Commissioner; EDGAR C. SIEGRIST, Commissioner; JAMES A. VARNER, Commissioner, Defendants - Appellees.

Appeal from the United States District Court for the Northern Dis- trict of West Virginia, at Clarksburg. William M. Kidd, Senior District Judge. (CA-97-148-1)

Submitted: November 20, 1997 Decided: December 11, 1997

Before MURNAGHAN, MICHAEL, and MOTZ, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Kenny Drew Sayre, Sr., Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Appellant, a West Virginia inmate, appeals the district

court's order denying relief on his

(1994) com-

plaint under 28 U.S.C.A. § 1915A (West Supp. 1997). We have re-

viewed 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. Sayre v. Godwin, No. CA-97-148-l (N.D.W. Va. Sept. 9, 1997). We dispense with oral argument because

the facts and legal contentions are adequately presented in the ma-

terials before the court and argument would not aid the decisional process.

DISMISSED

2