Smith v. Brown

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 01-7505 MARVIN L. SMITH, Petitioner - Appellant, versus KELLY BROWN; JAMES DUNLAP; BILL FORBES, Defendants - Appellees. Appeal from the United States District Court for the Southern Dis- trict of West Virginia, at Charleston. Charles H. Haden II, Chief District Judge. (CA-01-287-2) Submitted: November 8, 2001 Decided: November 28, 2001 Before WILKINS, MICHAEL, and KING, Circuit Judges. Affirmed by unpublished per curiam opinion. Marvin L. Smith, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Marvin L. Smith appeals the district court’s order dismissing his civil action. We have reviewed the record 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. See Smith v. Brown, No. CA-01- 287-2 (S.D.W. Va. July 20, 2001). We dispense with oral argument and deny Smith’s motions for transcript at government expense and to proceed in forma pauperis because the facts and legal conten- tions are adequately presented in the materials before the court and argument would not aid the decisional process. AFFIRMED 2