UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 98-6515

WILLIAM G. FISHER,

Plaintiff - Appellant,

versus

NORTH CAROLINA PRISONER LEGAL SERVICES, INCORPORATED; DAUNA BERTRAM; JAMES B. FRENCH; CENTRAL PRISON,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern Dis- trict of North Carolina, at Raleigh. James C. Fox, District Judge. (CA-97-1000-5-CT-F)

Submitted: October 8, 1998 Decided: October 20, 1998

Before WIDENER, NIEMEYER, and MICHAEL, Circuit Judges.

Affirmed as modified by unpublished per curiam opinion.

William G. Fisher, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Appellant appeals the district court’s judgment dismissing his

civil rights complaint filed under

(1994) as

frivolous under

(e) (West Supp. 1998). We have

reviewed the record and the district court’s opinion and find no

reversible error. Accordingly, we grant Appellant’s motion seeking

in forma pauperis status and affirm on the reasoning of the dis-

trict court, Fisher v. North Carolina Prisoner Legal Servs., Inc.,

No. CA-97-1000-5-CT-F (E.D.N.C. Mar. 3, 1998), but modify the dis-

missal of his claim of medical indifference against prison

authorities to be without prejudice. See

(1994).

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 AS MODIFIED

2