UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 05-7622

PHILLIP SMALL,

Plaintiff - Appellant,

and

JONATHAN BREEDLOVE; DANELLE HURDLE; KENRICK WILLIAMS,

Plaintiffs,

versus

STREATER,

Defendant - Appellee,

and

RICK JACKSON; TERRY,

Defendants.

Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Graham C. Mullen, Senior District Judge. (CA-04-193-3)

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Affirmed by unpublished per curiam opinion.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. Yvonne Bulluck Ricci, NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

- 2 - 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. Streater, CA-04-193-3 (W.D.N.C. Sept. 29, 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

- 3 -