UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 96-1831
HERSCHELL L. HARRIS,
Plaintiff - Appellant,
versus
SUE KING,
Defendant - Appellee.
Appeal from the United States District Court for the Eastern Dis-
trict of Virginia, at Richmond. Robert E. Payne, District Judge.
(CA-96-238)
Submitted: November 7, 1996 Decided: November 18, 1996
Before RUSSELL and WIDENER, Circuit Judges, and PHILLIPS, Senior
Circuit Judge.
Affirmed as modified by unpublished per curiam opinion.
Herschell L. Harris, 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Unpublished opinions are not binding precedent in this circuit.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 dismissing
his employment discrimination action as frivolous under 28 U.S.C.
§ 1915(d) (1994), amended by Prison Litigation Reform Act, Pub. L.
No. 104-134, 110 Stat. 1321 (1996). We have reviewed the record and
the district court's opinion and find no reversible error. Accord-
ingly, we affirm on the reasoning of the district court, Harris v.
King, No. CA-96-238 (E.D. Va. Mar. 21, 1996), but modify the dis-
missal to be without prejudice. 28 U.S.C. § 2106 (1994). We deny
Appellant's motions for production of documents, expedited consid-
eration, and to amend the caption. 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
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