UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-6941
PHILLIP ANTHONY DAYE,
Plaintiff - Appellant,
versus
B. J. BARNES, Sheriff; WILLARDEAN DULA,
Defendants - Appellees.
Appeal from the United States District Court for the Middle
District of North Carolina, at Durham. William L. Osteen, District
Judge. (CA-01-94-1)
Submitted: September 5, 2002 Decided: September 11, 2002
Before MOTZ, KING, and GREGORY, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Phillip Anthony Daye, Appellant Pro Se. Susan D. Moore, COUNTY
ATTORNEY’S OFFICE, Greensboro, North Carolina; Perry Cleveland
Henson, Sr., Amanda Mary Willis, HENSON & HENSON, L.L.P.,
Greensboro, North Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Phillip Anthony Daye appeals the district court’s order
denying relief on his 42 U.S.C.A. § 1983 (West Supp. 2002)
complaint under 28 U.S.C.A. § 1915A (West Supp. 2002). We have
reviewed the record and the district court’s opinion accepting the
magistrate judge’s recommendation and find that this appeal is
frivolous. Accordingly, we dismiss the appeal on the reasoning of
the district court. Daye v. Barnes, No. CA-01-94-1 (M.D.N.C. May
29, 2002). 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
2