UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-2100
GENE E. SMITH, SR., an incompetent person,
Plaintiff – Appellant,
and
IDA M. CLARK, Guardian for Gene E. Smith, Sr.,
Party-in-Interest,
v.
ROGER L. HUNT, individually; JAMES C. MAHAN, individually;
LAWRENCE R. LEAVITT, individually; JOY GARNER,
individually; JULIE GIESBRECHT, individually; LANCE WILSON,
individually; ATC VANCOM INC, d/b/a ATC Van Deraa; BYRON E.
THOMAS; JAMES N. FOSTER, JR.; DANIEL G. FRITZ,
Defendants – Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Charleston. Patrick Michael Duffy, District
Judge. (2:08-cv-02068)
Submitted: December 17, 2008 Decided: January 5, 2009
Before MOTZ, TRAXLER, and AGEE, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Gene E. Smith, Sr., Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Gene E. Smith, Sr., appeals the district court’s order
accepting the recommendation of the magistrate judge and denying
relief on his complaint filed pursuant to Bivens v. Six Unknown
Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971).
We have reviewed the record and find no reversible error.
Accordingly, we affirm for the reasons stated by the district
court. Smith v. Hunt, No. 2:08-cv-02068 (D.S.C. Sept. 15,
2008). 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. Smith’s motion for reconsideration and motion for
appointment of counsel are denied.
AFFIRMED
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