
    Paul NAGY, Plaintiff-Appellant, v. Officer RUFFIN; Nancy Oberman; A. Evans; Stephen M. Dewalt, Defendants-Appellees.
    No. 01-7882.
    United States Court of Appeals, Fourth Circuit.
    Submitted Jan. 31, 2002.
    Decided Feb. 11, 2002.
    Paul Nagy, Pro Se. Rudolf A. Renfer, Jr., Assistant United States Attorney, Raleigh, North Carolina, for Appellees.
    Before NIEMEYER, WILLIAMS, and MICHAEL, Circuit Judges.
   PER CURIAM.

Paul Nagy appeals the district court’s order denying relief on his complaint filed pursuant to Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971). We have reviewed the record and the district court’s opinion and find no reversible error. Accordingly, we affirm on the reasoning of the district court. Nagy v. Ruffin, No. CA-00-782-5-BO (E.D.N.C. Oct. 11, 2001). Because Nagy may refile his action after exhaustion, we modify the dismissal to be without prejudice. 28 U.S.C. § 2106 (1994). 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 AS MODIFIED.  