UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-1499
DAVID L. JOHNSTON,
Plaintiff - Appellant,
versus
LARRY G. MASSANARI, ACTING COMMISSIONER OF
SOCIAL SECURITY,
Defendant - Appellee.
Appeal from the United States District Court for the Southern
District of West Virginia, at Huntington. Joseph Robert Goodwin,
District Judge. (CA-00-108-2)
Submitted: September 28, 2001 Decided: November 5, 2001
Before WILKINS, WILLIAMS, and MICHAEL, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Jason E. Huber, FORMAN & CRANE, L.C., Charleston, West Virginia,
for Appellant. James A. Winn, Regional Chief Counsel, Region III,
Kenneth DiVito, Assistant Regional Counsel, Office of the General
Counsel, SOCIAL SECURITY ADMINISTRATION, Philadelphia, Pennsyl-
vania; Charles T. Miller, United States Attorney, Kelly R. Curry,
Assistant United States Attorney, Charleston, West Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
David L. Johnston appeals from the district court’s order up-
holding the decision of the Commissioner of Social Security to deny
Johnston’s application for disability insurance benefits. We have
reviewed the record, the briefs, and the district court’s opinion
accepting the recommendation of the magistrate judge and find no
reversible error. Accordingly, we affirm on the reasoning of the
district court. Johnston v. Massanari, No. CA-00-108-2 (S.D.W. Va.
Feb. 27, 2001). 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
2