Moore v. Gray

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 05-6282 SEBASTIAN X. MOORE, Plaintiff - Appellant, versus ELIZABETH COLEMAN GRAY, North Carolina Prisoner Legal Services, Defendant - Appellee. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Louise W. Flanagan, Chief District Judge. (CA-04-918-5) Submitted: June 9, 2005 Decided: June 16, 2005 Before NIEMEYER and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Sebastian X. Moore, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Sebastian X. Moore appeals the district court’s order dismissing as frivolous his 42 U.S.C. § 1983 (2000) complaint alleging that counsel failed to recognize appealable issues and refused to represent him. We have reviewed the record and find that this appeal is frivolous. Accordingly, we affirm on the reasoning of the district court. See Moore v. Gray, No. CA-04-918- 5 (E.D.N.C. Jan. 26, 2005). 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 -