UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 99-6489

MARSHALL NICHOLSON, Plaintiff - Appellant, versus

NORTH CAROLINA DEPARTMENT OF CORRECTION; CLEVELAND CORRECTIONAL CENTER, Defendants - Appellees.

Appeal from the United States District Court for the Western Dis- trict of North Carolina, at Shelby. Graham C. Mullen, Chief Dis- trict Judge. (CA-98-271-4-MU)

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

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

Dismissed by unpublished per curiam opinion.

Marshall Nicholson, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM: Marshall Nicholson, a North Carolina inmate, appeals the dis- trict court’s order denying relief on his 42 U.S.C.A. § 1983 (West Supp. 1999) complaint under 28 U.S.C.A. § 1915(e)(2) (West Supp. 1999). We have reviewed the record and the district court’s opinion and find that this appeal is frivolous. Accordingly, we dismiss the appeal on the reasoning of the district court. See Nicholson v. North Carolina Dep’t of Corrections, No. CA-98-271-4- MU (W.D.N.C. Feb. 5, 1999). 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.

DISMISSED