UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 99-7047

ROBERT HOWARD SYPOLT,

Plaintiff - Appellant,

versus

PAUL KIRBY, Commissioner of Corrections; HOWARD PAINTER, Warden, Mount Olive Correc- tional Complex; JOHN & JANE DOE, unknown de- fendants at this time,

Defendants - Appellees.

Appeal from the United States District Court for the Southern Dis- trict of West Virginia, at Beckley. Charles H. Haden II, Chief District Judge. (CA-99-552-5)

Submitted: October 21, 1999 Decided: October 27, 1999

Before WIDENER and TRAXLER, Circuit Judges, and BUTZNER, Senior Circuit Judge

Affirmed by unpublished per curiam opinion.

Robert Howard Sypolt, 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Unpublished opinions are not binding precedent in this circuit.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 order denying relief on

his

(West Supp. 1999) complaint. We have re-

viewed the record and the district court’s opinion accepting the

magistrate judge’s recommendation and find no reversible error.

Accordingly, we affirm on the reasoning of the district court. See

Sypolt v. Kirby, No. CA-99-552-5 (S.D.W. Va. July 22, 1999). 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

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