The opinion
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 98-6232
MARVIN L. SMITH,
Plaintiff - Appellant,
versus
KELLY BROWN, Probation Officer of Kanawha
County, Charleston, West Virginia; JAMES
DUNLAP, Probation Officer of Kanawha County,
Charleston, West Virginia,
Defendants - Appellees.
Appeal from the United States District Court for the Northern
District of West Virginia, at Elkins. Robert Earl Maxwell, Senior
District Judge. (CA-97-40-2)
Submitted: August 13, 1998 Decided: September 1, 1998
Before WIDENER and WILKINS, Circuit Judges, and HALL, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Marvin L. Smith, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Appellant, a West Virginia inmate, appeals the district
court’s order denying relief on his 42 U.S.C.A. § 1983 (West Supp.
1998) complaint under 28 U.S.C.A. § 1915(e)(2) (West Supp. 1998).
We have reviewed the record and the district court’s opinion and
find that this appeal is frivolous. Accordingly, we dismiss the
appeal on the reasoning of the district court. Smith v. Brown, No.
CA-97-40-2 (N.D.W. Va. Jan. 20, 1998). 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
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