UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 99-6538

ANTHONY SMITH, Plaintiff - Appellant, versus

CONSTITUTION STATE SERVICES COMPANY, Nestle USA, PC Claims Department, Defendant - Appellee.

Appeal from the United States District Court for the Eastern Dis- trict of Virginia, at Norfolk. Rebecca B. Smith, District Judge. (CA-99-394-2)

Submitted: August 5, 1999 Decided: August 11, 1999

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

Affirmed by unpublished per curiam opinion.

Anthony Smith, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM: Anthony Smith appeals the district court’s judgment dismissing as frivolous his 42 U.S.C.A. § 1983 (West Supp. 1999) complaint.

We have reviewed the record and the district’s opinion and dis- missal order and find no reversible error. Accordingly, we affirm on the reasoning of the district court. See Smith v. Constitution State Servs. Co., No. CA-99-394-2 (E.D. Va. Mar. 25, 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