UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 05-7323

DENNIS MILLER,

Plaintiff - Appellant,

versus

HERB JACKSON, Superintendent of the Brown Creek Correctional Institution; EDGAR TERRY, Food Service Manager at Brown Creek Correctional Institution; MS. HERRING, Food Service Supervisor at Brown Creek Correctional Institution; BOYD BENNETT, Director of North Carolina Department of Corrections; RANDALL LEE, Superintendent of the Caledonia Correctional Institution; WILEY PHILLIPS, Food Service Supervisor at Caledonia Correctional Institution; SIX UNKNOWN AGENTS, employed as Food Service Officials, Superintendents, etc. with the North Carolina Department of Corrections, in their individual and official capacities,

Defendants - Appellees.

Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Graham C. Mullen, Chief District Judge. (CA-05-300-MU-3)

Submitted: December 16, 2005 Decided: January 9, 2006

Before LUTTIG, WILLIAMS, and MOTZ, Circuit Judges. Affirmed by unpublished per curiam opinion.

Dennis Miller, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

- 2 - PER CURIAM:

Dennis Miller appeals the district court’s order

dismissing his

(2000) complaint as frivolous. We

have reviewed the record and find no reversible error.

Accordingly, we affirm for the reasons stated by the district

court. See Miller v. Jackson, No. CA-05-300-MU-3 (W.D.N.C. filed

July 7, 2005 & entered July 8, 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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