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 (WD.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