UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 98-7386

THERON JOHNNY MAXTON,

Petitioner - Appellant,

versus

DOCTOR BEINER; NURSE MITCHELL; BARBARA SKEAN; MICHAEL MOORE,

Respondents - Appellees.

Appeal from the United States District Court for the District of South Carolina, at Rock Hill. David C. Norton, District Judge. (CA-98-1560-10-18BD)

Submitted: December 17, 1998 Decided: January 9, 1999

Before WILKINS, NIEMEYER, and TRAXLER, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Theron Johnny Maxton, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Theron Johnny Maxton appeals the district court’s order dis-

missing without prejudice his petition filed under

(1994). We have reviewed the record and the district court’s opin-

ion accepting the recommendation of the magistrate judge and find

no reversible error. Accordingly, we affirm on the reasoning of

the district court. See Maxton v. Beiner, No. CA-98-1560-10-18BD

(D.S.C. Sept. 2, 1998). We dispense with oral argument because the

facts and legal contentions are adequately presented in the ma-

terials before the court and argument would not aid the decisional

process.

AFFIRMED

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