UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 02-7085

RON TEARIA NICHOLAS,

Plaintiff - Appellant,

versus

ISIAH CANN, Lieutenant, Allendale Correctional Institution; T. BRYAN BYRNE, Doctor at Allendale Correctional Institution; NFN CROSBY, LPN at Allendale Correctional Institution; JOHN R. PATE, Warden, Allendale Correctional Institution,

Defendants - Appellees.

Appeal from the United States District Court for the District of South Carolina, at Charleston. David C. Norton, District Judge. (CA-01-4480-9)

Submitted: December 16, 2002 Decided: December 19, 2002

Before LUTTIG, MICHAEL, and MOTZ, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Ron Tearia Nicholas, Appellant Pro Se. Michael Charles Tanner, EARLY & NESS, Bamberg, South Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.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

Ron Tearia Nicholas appeals the district court’s order

accepting the recommendation of the magistrate judge and dismissing

without prejudice his

(2000) complaint as it

related to Defendants Isiah Cann and John Pate.* We have reviewed

the record and find no reversible error. Accordingly, we affirm on

the reasoning of the district court. See Nicholas v. Cann, No. CA-

01-4480-9 (D.S.C. June 25, 2002). 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

* Because Nicholas does not challenge the dismissal with prejudice of his remaining claims in his appellate brief, he has waived appellate review as to the remaining claims. See 4th Cir. R. 34(b).

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