Notice: Fourth Circuit Local Rule 36(c) States That Citation of Unpublished Dispositions is Disfavored Except for Establishing Res Judicata, Estoppel, or the Law of the Case and Requires Service of Copies of Cited Unpublished Dispositions of the Fourth Circuit.calvin G. Gray, Plaintiff-appellant, v. Charles R. Smith, Individually and in His Personal Capacityas a Private Citizen and in His Official Capacityas a Prosecutor of Mercer County, Westvirginia, Defendant-appellee, 85 F.3d 616 (4th Cir. 1996)

Appellant appeals from the district court's order adopting the magistrate judge's recommendation to dismiss his complaint pursuant to 28 U.S.C. § 1915(d) (1988). We have reviewed the record and the district court's opinion accepting the recommendation of the magistrate judge and find no abuse of discretion and no reversible error. Accordingly, we affirm on the reasoning of the district court. Gray v. Smith, No. CA-95-862-1 (S.D.W. Va. Oct. 23, 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.