Fisher v. NC Prisoner Legal

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 98-6515 WILLIAM G. FISHER, Plaintiff - Appellant, versus NORTH CAROLINA PRISONER LEGAL SERVICES, INCORPORATED; DAUNA BERTRAM; JAMES B. FRENCH; CENTRAL PRISON, Defendants - Appellees. Appeal from the United States District Court for the Eastern Dis- trict of North Carolina, at Raleigh. James C. Fox, District Judge. (CA-97-1000-5-CT-F) Submitted: October 8, 1998 Decided: October 20, 1998 Before WIDENER, NIEMEYER, and MICHAEL, Circuit Judges. Affirmed as modified by unpublished per curiam opinion. William G. Fisher, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Appellant appeals the district court’s judgment dismissing his civil rights complaint filed under 42 U.S.C. § 1983 (1994) as frivolous under 28 U.S.C.A. § 1915(e) (West Supp. 1998). We have reviewed the record and the district court’s opinion and find no reversible error. Accordingly, we grant Appellant’s motion seeking in forma pauperis status and affirm on the reasoning of the dis- trict court, Fisher v. North Carolina Prisoner Legal Servs., Inc., No. CA-97-1000-5-CT-F (E.D.N.C. Mar. 3, 1998), but modify the dis- missal of his claim of medical indifference against prison authorities to be without prejudice. See 28 U.S.C. § 2106 (1994). 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