The opinion
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 98-7554
CHARLES M. ANDERSON,
Plaintiff - Appellant,
versus
BROWN & WILLIAMSON TOBACCO CORPORATION; JACK
LEE; JIM COFFEY, Business Manager, Keen
Mountain Correctional Center; RON ANGELONE;
RICHARD WILSON, Commissary Manager, Keen
Mountain Correctional Center,
Defendants - Appellees.
Appeal from the United States District Court for the Western Dis-
trict of Virginia, at Roanoke. Jackson L. Kiser, Senior District
Judge. (CA-98-567-R)
Submitted: February 11, 1999 Decided: February 24, 1999
Before ERVIN, NIEMEYER, and TRAXLER, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Charles M. Anderson, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Charles Anderson appeals the district court’s order dismissing
his civil action. To the extent that Anderson’s action is consid-
ered as filed pursuant to 42 U.S.C.A. § 1983 (West Supp. 1998), the
district court properly found that Anderson failed to exhaust his
administrative remedies. See 42 U.S.C.A. § 1997e(a) (West Supp.
1998). In addition, one of the Defendants, Brown and Williamson
Tobacco Corp., is not a state actor within the meaning of § 1983.
Finally, to the extent the action is premised on diversity
jurisdiction, it appears that complete diversity of citizenship did
not exist; therefore, the district court lacked jurisdiction over
the action. See 28 U.S.C. § 1332 (1994); Owen Equip. & Erection
Co. v. Kroger, 437 U.S. 365, 373 (1978). 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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