UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 03-7835

KEVIN M. BALLANCE,

Plaintiff - Appellant,

versus

PAGE TRUE, Warden, S1SP; GENE JOHNSON, Assistant Director; SERGEANT BYRD, Property Sergeant; INVESTIGATOR SMITH,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. James C. Cacheris, Senior District Judge. (CA-03-1263-AM)

Submitted: February 12, 2004 Decided: February 23, 2004

Before LUTTIG, WILLIAMS, and MOTZ, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Kevin M. Ballance, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Kevin M. Ballance appeals the district court’s order

dismissing his

(2000) complaint for failure to

state a claim under 28 U.S.C. § 1915A(b)(1) (2000). We have

reviewed the record and find that this appeal is frivolous.

Accordingly, we dismiss the appeal on the reasoning of the district

court. See Ballance v. True, No. CA-03-1263-AM (E.D. Va. Oct. 17.

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

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