UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 95-7916 CALVIN G. GRAY, Plaintiff - Appellant, versus CHARLES R. SMITH, Individually and in his per- sonal capacity as a private citizen and in his official capacity as a Prosecutor of Mercer County, West Virginia, Defendant - Appellee. Appeal from the United States District Court for the Southern District of West Virginia, at Bluefield. David A. Faber, District Judge. (CA-95-862-1) Submitted: April 15, 1996 Decided: April 29, 1996 Before ERVIN and MOTZ, Circuit Judges, and CHAPMAN, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Calvin G. Gray, 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 Unpublished opinions are not binding precedent in this circuit.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 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 conten- tions are adequately presented in the materials before the court and argument would not aid the decisional process. AFFIRMED 2