UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 99-6452

KEVIN SMITH, a/k/a Bar-None-Royal Blackness, Plaintiff - Appellant, versus

SOUTH CAROLINA DEPARTMENT OF CORRECTIONS; MICHAEL W. MOORE; WILLIAM D. CATOE; JAMES L.

HARVEY; LAURIE F. BESSINGER; JOYCE BROWN; THOMAS MCCANTS; VAUGHN JACKSON; ANTHONY SARLARDO; M. ASKEW; KENNETH MANIGO, Defendants - Appellees.

Appeal from the United States District Court for the District of South Carolina, at Rock Hill. Patrick Michael Duffy, District Judge. (CA-98-2490-10-23)

Submitted: June 17, 1999 Decided: June 23, 1999

Before MURNAGHAN and TRAXLER, Circuit Judges, and BUTZNER, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Kevin Smith, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM: Kevin Smith appeals the district court’s order dismissing his 42 U.S.C.A. § 1983 (West Supp. 1998) complaint without prejudice.

We have reviewed the record and the district court’s opinion accepting the magistrate judge’s recommendation and find no re- versible error. Accordingly, we affirm on the reasoning of the district court. See Smith v. South Carolina Dep’t of Corrections No. CA-98-2490-10-23 (D.S.C. Mar. 19, 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