UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 97-7026

KEVIN SMITH, a/k/a Bar-None-Royal Blackness,

Plaintiff - Appellant,

versus

LAURIE F. BESSINGER; JOYCE BROWN; VAUGHN JACK- SON; MARCELLA MCCOY; JUDY C. ANDERSON,

Defendants - Appellees.

Appeal from the United States District Court for the District of South Carolina, at Rock Hill. Patrick Michael Duffy, District Judge. (CA-97-51-O-23BD)

Submitted: January 27, 1998 Decided: February 10, 1998

Before MURNAGHAN and LUTTIG, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Kevin Smith, Appellant Pro Se. Andrew Frederick Lindemann, 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Unpublished opinions are not binding precedent in this circuit.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) com-

plaint under

(e)(2)(B)(I) (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. Smith v. Bessinger, No. CA-97-51-O-23BD (D.S.C. June 20, 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 decisional process.

DISMISSED

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