UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 97-2304

JERRY KIRKPATRICK, Plaintiff - Appellant, versus

DAVID GUINN; LINCOLNTON BANK; BETTY SEZTER, Lincolnton Bank Official, sued in her individ- ual and official capacity, Defendants - Appellees, and

SHERRY KIRKPATRICK, Defendant.

Appeal from the United States District Court for the Western Dis- trict of North Carolina, at Statesville. Richard L. Voorhees, Chief District Judge. (CA-95-30-5-V)

Submitted: March 12, 1998 Decided: March 23, 1998

Before LUTTIG, WILLIAMS, and MICHAEL, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Jerry Kirkpatrick, Appellant Pro Se. R. Keith Johnson, Charlotte, North Carolina; Clifton Walker Homesley, HOMESLEY, JONES, GAINES & HOMESLEY, Mooresville, North 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Unpublished opinions are not binding precedent in this circuit.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 dismissing his civil action for lack of subject matter jurisdiction pursuant to 28 U.S.C. § 1332. We have reviewed the record and the district court's opinion and find no reversible error. Accordingly, we affirm on the reasoning of the district court. Kirkpatrick v. Guinn, No. CA-95- 30-5-V (W.D.N.C. Sept. 1, 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 deci- sional process.

AFFIRMED