UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 97-7025

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

Plaintiff - Appellant,

versus

C. J. CEPAK, Warden; LIEUTENANT FITZGERALD; LIEUTENANT SANDERS; CORRECTIONAL OFFICER JACKSON; CORRECTIONAL OFFICER PEARSON; BROWN, Correctional Officer; CORRECTIONAL OFFICER ROSENBURGH, Defendants - Appellees.

Appeal from the United States District Court for the District of South Carolina, at Rock Hill. Patrick Michael Duffy, District Judge. (CA-96-1164-O-23BD)

Submitted: February 26, 1998 Decided: March 18, 1998

Before WILKINS, NIEMEYER, and HAMILTON, Circuit Judges.

Affirmed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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 appeals the district court's order denying relief on

his

(1994) complaint. We have reviewed the record

and the district court's opinion partially accepting the magistrate

judge's recommendation and find no reversible error. Accordingly,

we affirm on the reasoning of the district court. Smith v. Cepak, No. CA-96-1164-O-23BD (D.S.C. June 24, 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.

AFFIRMED

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