UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 97-7456

DONALD L. PHILLIPS, Plaintiff - Appellant, versus

HARRY W. GARRETT, JR.; ANN K. SHIPP, Defendants - Appellees.

Appeal from the United States District Court for the Western District of Virginia, at Roanoke. James C. Turk, District Judge. (CA-97-629-R)

Submitted: June 18, 1998 Decided: July 2, 1998

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

Dismissed by unpublished per curiam opinion.

Donald L. Phillips, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM: Appellant, a Virginia 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. 1997). We have reviewed the record and the district court’s opinion and find that this appeal is frivolous. Accordingly, we dismiss the appeal on the reasoning of the district court. Phillips v. Garrett, No. CA-97-629-R (W.D. Va. Sept. 17, 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