Paul B. Owens, appellant pro se.

Before DONALD RUSSELL, K.K. HALL and SPROUSE, Circuit Judges.

PER CURIAM:

A review of the record and the district court's opinion discloses that this appeal from that court's order dismissing Owens' equal protection claim is without merit.* Because the dispositive issues recently have been decided authoritatively, we dispense with oral argument and affirm the judgment below on the reasoning of the district court. Owens v. Clark, CA-87-733-N (E.D.Va. Oct. 20, 1987).

AFFIRMED.

* Because Owens' claim was against a federal defendant, Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971), rather than 42 U.S.C. Sec . 1983, provides the authority for its consideration