UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 96-6218
DAVID FELTON,
Plaintiff - Appellant,
versus
FRANKLIN FREEMAN; LYNN C. PHILLIPS; TERRY
WATTS; K. KING; RONALD E. JONES,
Superintendent,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern Dis-
trict of North Carolina, at Raleigh. James C. Fox, Chief District
Judge. (CA-96-1)
Submitted: May 16, 1996 Decided: June 5, 1996
Before RUSSELL, LUTTIG, and WILLIAMS, Circuit Judges.
Affirmed as modified by unpublished per curiam opinion.
David Felton, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Appellant appeals from the district court's order denying
relief on his 42 U.S.C. § 1983 (1988) complaint. 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 but modify the dismissal to be without prejudice. 28 U.S.C.
§ 2106 (1988). Felton v. Freeman, No. CA-96-1 (E.D.N.C. Jan. 26,
1996). 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 AS MODIFIED
2