¶1 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 reasoning of the district court. Bryant v. Hunt, No. CA-00-569-5-H (E.D.N.C. Oct. 12, 2000).
¶2 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.
¶3 AFFIRMED.