David S. Cousins, Plaintiff--appellant, v. North Carolina Department of Corrections; Sergeant Manley;officer Daniel; Ernest Smith, Defendants--appellees, 52 F.3d 320 (4th Cir. 1995)

Appellant seeks to appeal the district court's order denying relief on his 42 U.S.C. § 1983 (1988) complaint. Our review of the record and the district court's opinion accepting the recommendation of the magistrate judge discloses that this appeal is without merit. Because the dismissal was pursuant to 28 U.S.C. § 1915(d) (1988), the judgment of the district court is modified to reflect that Appellant was granted leave to proceed in forma pauperis below. Consequently, that status continues on appeal. With that modification, we affirm. Cousins v. North Carolina Dep't of Corrections, No. CA-94-573-5-F (E.D.N.C. Jan. 12, 1995). 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