UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 99-2298

WAYNE BROWNING,

Plaintiff - Appellant,

versus

STATE OF WEST VIRGINIA,

Defendant - Appellee.

Appeal from the United States District Court for the Southern Dis- trict of West Virginia, at Huntington. Joseph Robert Goodwin, Dis- trict Judge. (CA-99-582-3)

Submitted: January 20, 2000 Decided: January 28, 2000

Before WILLIAMS, MICHAEL, and TRAXLER, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Wayne Browning, Appellant Pro Se. Dawn Ellen Warfield, OFFICE OF THE ATTORNEY GENERAL OF WEST VIRGINIA, Charleston, West Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Wayne Browning appeals the district court’s order denying

relief on his

(West Supp. 1999) complaint. We

have reviewed 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

Browning v. State of West Virginia, No. CA-99-582-3 (S.D.W. Va.

Aug. 27, 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

2