Owens v. Graham ( 1997 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 97-6461
WILLIE J. OWENS,
Plaintiff - Appellant,
versus
OFFICER GRAHAM; OFFICER ROGERS,
Defendants - Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Florence. C. Weston Houck, Chief District
Judge. (CA-96-1363-4-12JI)
Submitted: October 31, 1997 Decided: November 26, 1997
Before NIEMEYER and WILLIAMS, Circuit Judges, and BUTZNER, Senior
Circuit Judge.
Dismissed in part and affirmed in part by unpublished per curiam
opinion.
Willie J. Owens, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Appellant, a South Carolina inmate, appeals the district
court's order denying relief on his 42 U.S.C. § 1983 (1994) com-
plaint under 28 U.S.C. § 1915(d) (1994) (current version at 28
U.S.C.A. § 1915A (West Supp. 1997)). We have reviewed the record
and the district court's opinion accepting the magistrate judge's
recommendation. Accordingly, on the reasoning of the district
court, Owens v. Graham, No. CA-96-1363-4-12JI (D.S.C. Feb. 4,
1997), the Fourth Amendment claim (search) is dismissed without
prejudice, and the district court's denial of the Eighth Amendment
claim is affirmed. 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.
DISMISSED IN PART AND AFFIRMED IN PART
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