
    Milton TOWNSEND, Plaintiff-Appellant, v. Bruce E. KENNEY, Plaintiff, and Correctional Officer Edmondson; Officer Monk, Defendants-Appellees.
    No. 06-6917.
    United States Court of Appeals, Fourth Circuit.
    Submitted: Nov. 1, 2006.
    Decided: Nov. 16, 2006.
    Milton Townsend, Appellant Pro Se.
    Before WILLIAMS, MICHAEL, and GREGORY, Circuit Judges.
    Vacated and remanded by unpublished PER CURIAM opinion.
    Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).
   PER CURIAM:

Milton Townsend appeals the district court’s order accepting the recommendation of the magistrate judge and denying relief on his 42 U.S.C. § 1983 (2000) complaint. We have reviewed the record and conclude that the judgment should be vacated and the case remanded to the district court for the Defendants to file a responsive pleading and for further proceedings.

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.

VACATED AND REMANDED.  