Dixon v. Painter

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 01-6402 DAVID LAWRENCE DIXON, Plaintiff - Appellant, versus HOWARD H. PAINTER, Warden of Mt. Olive Correc- tional Complex; PAUL KIRBY, Commissioner of Department of Corrections, Defendants - Appellees. Appeal from the United States District Court for the Southern District of West Virginia, at Beckley. David A. Faber, District Judge. (CA-00-602-5) Submitted: November 29, 2001 Decided: December 5, 2001 Before WIDENER, NIEMEYER, WILLIAMS, Circuit Judges. Affirmed by unpublished per curiam opinion. David Lawrence Dixon, Appellant Pro Se. Charles Patrick Houdyschell, Jr., WEST VIRGINIA DIVISION OF CORRECTIONS, Charleston, West Virginia, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: David Lawrence Dixon appeals the district court’s orders de- nying relief on his 42 U.S.C.A. § 1983 (West Supp. 2001) complaint and denying a subsequent motion to vacate under Fed. R. Civ. P. 60(b). We have reviewed the record and the district court’s opinion accepting the magistrate judge’s recommendation and find no reversible error. Accordingly, we affirm on the reasoning of the district court. See Dixon v. Painter, No. CA-00-602-5 (S.D. W. Va. Mar. 1, 2001; Sep. 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