UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 05-6821

FREDERICK W. CORBETT,

Plaintiff - Appellant,

versus

STATE OF NORTH CAROLINA; RAYMOND SMITH, in his official capacity as Superintendent of Caswell Correctional Center,

Defendants - Appellees.

Appeal from the United States District Court for the Middle District of North Carolina, at Durham. William L. Osteen, District Judge. (CA-04-875-1)

Submitted: October 21, 2005 Decided: November 2, 2005

Before WILKINSON and WILLIAMS, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Frederick W. Corbett, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Frederick W. Corbett appeals the district court’s order

adopting the recommendation of the magistrate judge and dismissing

without prejudice Corbett’s Complaint for Declaratory Judgment. We

have reviewed the record and find no reversible error.

Accordingly, we affirm for the reasons stated by the district

court. See Corbett v. North Carolina, No. CA-04-875-1 (M.D.N.C.

filed Apr. 22, 2005; entered Apr. 25, 2005). 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

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