UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 97-6215

MARCUS A. JOSEPH,

Plaintiff - Appellant,

versus

D. TAYLOR, Warden; W. L. EAGLETON, Associate Warden; C. FELDER; A. PINCKNEY, Supervisor ASU, in their individual, official and pro- fessional capacities; L. TURNER; E. J. OLSON, Nurse, Defendants - Appellees.

Appeal from the United States District Court for the District of South Carolina, at Charleston. Joseph F. Anderson, Jr., District Judge. (CA-95-4084-2-17AJ)

Submitted: June 12, 1997 Decided: January 26, 1998

Before WIDENER and WILLIAMS, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion. Marcus A. Joseph, Appellant Pro Se. Kevin Kendrick Bell, ROBINSON, MCFADDEN & MOORE, P.C., Columbia, South Carolina; Larry Cleveland Batson, Robert Eric Petersen, SOUTH CAROLINA DEPARTMENT OF CORREC- TIONS, Columbia, South Carolina; William Henry Davidson, II, James Miller Davis, Jr., ELLIS, LAWHORNE, DAVIDSON & SIMS, P.A., Columbia, South Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.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

PER CURIAM: Appellant, a South Carolina inmate, appeals the district

court's order denying relief on his

(1994)

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

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

magistrate judge's recommendation and find that this appeal is frivolous. Accordingly, we dismiss the appeal on the reasoning of

the district court. Joseph v. Taylor, No. CA-95-4084-2-17AJ (D.S.C. Jan. 27, 1997). We deny Appellees' motions to dismiss and for sanc-

tions. 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 decisional process.

DISMISSED

2