UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 05-7657

PHILLIP SMALL,

Plaintiff - Appellant,

versus

JOHN H. PILAND, Doctor; REGGIE WEISNER; KEITH WHITENER; MATT CLARK,

Defendants - Appellees.

Appeal from the United States District Court for the Western District of North Carolina, at Statesville. Graham C. Mullen, Senior District Judge. (CA-05-247)

Submitted: January 19, 2006 Decided: January 26, 2006

Before WILKINSON, TRAXLER, and SHEDD, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Phillip Small, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Phillip Small appeals the district court’s order

dismissing his

(2000) complaint for failure to

exhaust administrative remedies. We have reviewed the record and

the district court’s opinion and find no reversible error.

Accordingly, we affirm on the reasoning of the district court. See

Small v. Piland, CA-05-247 (W.D.N.C. Sept. 30, 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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