Gerald Bryant v. James B. Hunt, Jr

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 00-7607
GERALD BRYANT,
Plaintiff - Appellant,
versus
JAMES B. HUNT, JR.; JUANITA BAKER; THEODIS
BECK; ELBERT T. BUCK, JR., CHARLES L. MANN,
SR.,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern Dis-
trict of North Carolina, at Raleigh. Malcolm J. Howard, District
Judge. (CA-00-569-5-H)
Submitted: March 20, 2001 Decided: April 19, 2001
Before WILLIAMS, MICHAEL, and MOTZ, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Gerald Bryant, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Gerald Bryant appeals the district court’s order dismissing as
frivolous his complaint filed under 42 U.S.C.A. § 1983 (West Supp.
2000), and dismissing one claim without prejudice to his right to
challenge the length of his sentence by filing a petition under 28
U.S.C.A. § 2254 (West 1994 & Supp. 2000). We have reviewed the
record and the district court’s opinion and find no reversible
error. Accordingly, we affirm the district court’s dismissal of
Bryant’s claims, except for his equal protection claim, on the rea-
soning of the district court. Bryant v. Hunt, No. CA-00-569-5-H
(E.D.N.C. Oct. 12, 2000).
As for Bryant’s equal protection claim, the district court
noted that Bryant failed to allege any factual support for his
claim. Because he may be able to provide specific examples of
similarly situated inmates to support his equal protection claim,
we modify the dismissal of that claim to be without prejudice and
affirm as modified. 28 U.S.C. § 2106 (1994). We deny Bryant’s
motion for appointment of counsel and 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

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