UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 97-7763

FRANKIE L. MCCOY, SR., Plaintiff - Appellant, versus

A. DIGGS, 4 to 12 a.m. shift commander; J.

BACOAT, Sergeant, A-Block duty officer; S.

HUTCHSON, Sergeant, A & B Block duty officer; SERGEANT JOBE, A & B Block duty officer; UN- KNOWN NAMED DEFENDANTS, Each defendant is sued individually and in his official capacity, Defendants - Appellees.

Appeal from the United States District Court for the District of Maryland, at Baltimore. Benson E. Legg, District Judge. (CA-97- 3621-L)

Submitted: May 14, 1998 Decided: May 26, 1998

Before WIDENER and MICHAEL, Circuit Judges, and BUTZNER, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Frankie L. McCoy, Sr., Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM: Appellant, a Maryland inmate, appeals the district court's order denying relief on his 42 U.S.C. § 1983 (1994) complaint under U.S.C.A. § 1915A (West Supp. 1998). We have reviewed the record and the district court's opinion and find that this appeal is friv- olous. Accordingly, we dismiss the appeal on the reasoning of the district court. McCoy v. Diggs, No. CA-97-3621-L (D. Md. Nov. 7, 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