UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 03-6151

ANTHONY RUMONT ROBERTS, Plaintiff - Appellant, versus

CAPTAIN MASSIE; S. E. SCOTT, Sergeant, Defendants - Appellees, and

L. M. SAUNDERS, Warden, Defendant.

Appeal from the United States District Court for the Western District of Virginia, at Roanoke. James C. Turk, Senior District Judge. (CA-02-808-7)

Submitted: March 6, 2003 Decided: March 17, 2003

Before WILKINSON, MICHAEL, and KING, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Anthony Rumont Roberts, Appellant Pro Se. Pamela Anne Sargent, Assistant Attorney General, Richmond, Virginia, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM: Anthony Rumont Roberts appeals the district court’s order granting his motion for reconsideration but dismissing his 42 U.S.C. § 1983 (2000) complaint pursuant to 28 U.S.C. § 1915A(b)(1) (2000). We have reviewed the record and the district court’s order and agree that Roberts’ complaint fails to state a claim.

Accordingly, we dismiss the appeal on the reasoning of the district court. See Roberts v. Massie, No. CA-02-808-7 (W.D. Va. Jan. 10, 2003). 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.

DISMISSED