Burney Ray Townsend seeks to appeal the district court’s order denying relief on his 42 U.S.C.A. § 1983 (West Supp. 2001) complaint. We have reviewed the record and the district court’s opinion accepting the magistrate judge’s recommendation and find no reversible error as to the dismissal of Townsend’s civil rights claims brought pursuant to § 1983. Although we express no opinion as to the merit of Townsend’s claims, to the extent he sought to allege non-civil rights claims under the auspice of diversity jurisdiction, we modify the district court’s order to reflect a dismissal without prejudice as to those claims. Accordingly, we grant Townsend’s motion for leave to proceed in forma pau-peris and affirm as modified. Townsend v. Lockhart, No. CA-01-691-1 (M.D.N.C. Oct. 26, 2001). 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 AS MODIFIED.