UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 03-7844

RODNEY VICTOR HARRIS, Plaintiff - Appellant, versus

THOMAS W. GAUTIER, JR., Chief of Police of the Town of Narrows; DON E. RICHARDSON, The Mayor of Narrows, Virginia; THE TOWN COUNCIL OF NARROWS, VIRGINIA, Defendants - Appellees.

Appeal from the United States District Court for the Western District of Virginia, at Roanoke. James C. Turk, Senior District Judge. (CA-03-561-7)

Submitted: April 23, 2004 Decided: May 11, 2004

Before WIDENER, WILKINSON, and MICHAEL, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Rodney Victor Harris, Appellant Pro Se. William Bradford Stallard, PENN, STUART & ESKRIDGE, Abingdon, Virginia, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM: Rodney Victor Harris appeals the district court’s order dismissing his 42 U.S.C. § 1983 complaint without prejudice under 28 U.S.C. § 1915(e)(2)(B) (2000). We have reviewed the record and find that this appeal is frivolous. Accordingly, we deny Harris’s motion for a continuance and dismiss the appeal on the reasoning of the district court. See Harris v. Gautier, No. CA-03-561-7 (W.D.

Va. Nov. 6, 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

* We also deny as moot Appellees’ motion to dismiss the appeal under 4th Cir. R. 45.

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