UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 98-6738

ROSCOE BERRY, Plaintiff - Appellant, versus

DENNIS HARPER, Defendant - Appellee.

Appeal from the United States District Court for the Eastern Dis- trict of North Carolina, at Raleigh. Malcolm J. Howard, District Judge. (CA-97-237-5-H)

Submitted: November 5, 1998 Decided: November 19, 1998

Before ERVIN, LUTTIG, and MOTZ, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Roscoe Berry, Appellant Pro Se. G. Christopher Olson, WOMBLE, CARLYLE, SANDRIDGE & RICE, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM: Roscoe Berry appeals the district court's order denying relief on his 42 U.S.C.A. § 1983 (West Supp. 1998) complaint. We have re- viewed the record and the district court's opinion and find no reversible error. Accordingly, we affirm on the reasoning of the district court. Berry v. Harper, No. CA-97-237-5-H (E.D.N.C. Apr.

28, 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.

AFFIRMED