UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 00-6802

EARL SAND,

Plaintiff - Appellant,

versus

OFFICER STEELE; L. RICKS, Corrections Officer; S. HICKS, Corrections Officer; B. DIXON, Corrections Officer; MS. DARLING, Corrections Officer; B. T. MOHEAD, Disciplinary Hearing Officer; R. ANGELONE, Director Department of Corrections; S. JOHNSON, Corrections Officer,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern Dis- trict of Virginia, at Norfolk. Henry C. Morgan, Jr., District Judge. (CA-00-277-2)

Submitted: October 26, 2000 Decided: November 2, 2000

Before WIDENER, MICHAEL, and KING, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Earl Sand, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Earl Sand appeals the district court’s order denying relief on

his

(West Supp. 2000) complaint. We have re-

viewed the record and the district court’s opinion and find no

reversible error. Accordingly, we affirm on the reasoning of the

district court. See Sand v. Steele, No. CA-00-277-2 (E.D. Va. May

15, 2000).* We deny Sand’s motion for production of documents. 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

* Sand’s statement in the complaint that he had not pursued a grievance procedure was relied on by the district court in dis- missing the complaint. However, Sand enclosed two documents with his notice of appeal suggesting that two of his institutional of- fenses have been expunged. Because the district court’s dismissal was without prejudice, Sand is free to file a new complaint as to any expunged offenses.

2