UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-7631
SHERMAN O. DAVIS,
Plaintiff - Appellant,
versus
HAPPY SMITH,
Defendant - Appellee.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. Jackson L. Kiser, Senior
District Judge. (CA-03-425-7)
Submitted: February 28, 2005 Decided: March 17, 2005
Before NIEMEYER, LUTTIG, and SHEDD, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Sherman O. Davis, Appellant Pro Se. Rosalie Pemberton Fessier,
TIMBERLAKE, SMITH, THOMAS & MOSES, P.C., Staunton, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Sherman O. Davis appeals the district court’s orders
denying relief on his claims under 42 U.S.C. § 1983 (2000) and
denying his motion for appointment of counsel. We have reviewed
the record and find no reversible error. Accordingly, we affirm on
the reasoning of the district court. See Davis v. Smith, No. CA-
03-425-7 (W.D. Va. Oct. 31, 2003; filed Sept. 13, 2004, entered
Sept. 15, 2004). 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
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