UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 97-6861

BENJAMIN FRANKLIN FOSTER, III,

Plaintiff - Appellant,

versus

D. T. MAHON, Warden, Dillwyn Correctional Center; THOMAS NEUMAYER, Assistant Warden of Operations, Dillwyn Correctional Center; NURSE SMITH; DOCTOR ALVIG; NURSE LANHAM; LARRY HUFFMAN; R. G. PICARELLA, Psychiatrist, Defendants - Appellees.

Appeal from the United States District Court for the Western Dis- trict of Virginia, at Roanoke. Samuel G. Wilson, Chief District Judge. (CA-96-759-R)

Submitted: November 20, 1997 Decided: December 10, 1997

Before MURNAGHAN, MICHAEL, and MOTZ, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Benjamin Franklin Foster, III, Appellant Pro Se. Pamela Anne Sargent, Assistant Attorney General, Richmond, Virginia; Peter Duane Vieth, WOOTEN & HART, P.C., Roanoke, 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Unpublished opinions are not binding precedent in this circuit.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 order denying relief on

his

(1994) complaint. We have reviewed the record

and the district court's opinion and find no reversible error. Ac-

cordingly, we affirm on the reasoning of the district court. Foster v. Mahon, No. CA-96-759-R (W.D. Va. May 30, 1997). We dispense with

oral argument because the facts and legal contentions are adequate-

ly presented in the materials before the court and argument would

not aid the decisional process.

AFFIRMED

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