UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-1919
CHUKWUMA E. AZUBUKO,
Plaintiff - Appellant,
versus
WILLIAM YOUNG, Chief Judge,
Defendant - Appellee.
Appeal from the United States District Court for the Middle
District of North Carolina, at Durham. James A. Beaty, Jr.,
District Judge. (CA-05-83)
Submitted: January 26, 2006 Decided: January 30, 2006
Before LUTTIG, WILLIAMS, and GREGORY, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Chukwuma E. Azubuko, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Chukwuma E. Azubuko appeals the district court’s order
accepting the recommendation of the magistrate judge and denying
relief on his 42 U.S.C. § 1983 (2000) complaint under 28 U.S.C.
§ 1915(e)(2)(B) (2000). We have reviewed the record and find that
this appeal is frivolous. Accordingly, we dismiss the appeal on
the reasoning of the district court. See Azubuko v. Young, No. CA-
05-83 (M.D.N.C. filed Aug. 2, 2005 & entered Aug. 3, 2005).
Further, we conclude that the district court did not abuse its
discretion in construing Azubuko’s motion for three-judge court as
a motion to reconsider and denying the motion. See United
States v. Winestock, 340 F.3d 200, 204 (4th Cir. 2003) (“District
court decisions granting or denying [Fed. R. Civ. P.] 60(b) relief
are reviewed for abuse of discretion. . . .”). We deny Azubuko’s
motion to proceed in forma pauperis. 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.
DISMISSED
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