UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 98-6626

DAVID S. COUSINS,

Plaintiff - Appellant,

versus

DEAN WALKER, Superintendent; GERLAND PATTON, Unit Manager; ROBERT GUY, Assistant Unit Manager,

Defendants - Appellees.

Appeal from the United States District Court for the Western District of North Carolina, at Shelby. Graham C. Mullen, District Judge. (CA-97-90-4-MU)

Submitted: August 27, 1998 Decided: September 17, 1998

Before NIEMEYER and HAMILTON, Circuit Judges, and BUTZNER, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

David S. Cousins, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:

Appellant, a North Carolina inmate, appeals the district

court’s order denying relief on his

(West Supp.

1998) complaint under

(e)(2) (West Supp. 1998).

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. Cousins v. Walker,

No. CA-97-90-4-MU (W.D.N.C. Mar. 30, 1998). 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

2