
    Rodney Victor HARRIS, Plaintiff—Appellant, v. Thomas W. GAUTIER, Jr., Chief of Police of the Town of Narrows; Don E. Richardson, The Mayor of Narrows, Virginia; the Town Council of Narrows, Virginia, Defendants—Appellees.
    No. 03-7844.
    United States Court of Appeals, Fourth Circuit.
    Submitted April 23, 2004.
    Decided May 11, 2004.
    Rodney Victor Harris, Appellant pro se. William Bradford Stallard, Penn, Stuart & Eskridge, Abingdon, Virginia, for Appellees.
    Before WIDENER, WILKINSON, and MICHAEL, Circuit Judges.
    Dismissed by unpublished PER CURIAM opinion.
    Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).
   PER CURIAM:

Rodney Victor Harris appeals the district court’s order dismissing his 42 U.S.C. § 1983 complaint without prejudice under 28 U.S.C. § 1915(e)(2)(B) (2000). We have reviewed the record and find that this appeal is frivolous. Accordingly, we deny Harris’s motion for a continuance and dismiss the appeal on the reasoning of the district court. See Harris v. Gautier, No. CA-03-561-7 (WD.Va. Nov. 6, 2003). 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 
      
       We also deny as moot Appellees’ motion to dismiss the appeal under 4th Cir. R. 45.
     