UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-2183
GILBERT L. SPURLOCK,
Plaintiff - Appellant,
v.
MRS. LEAL; DEPARTMENT OF UNITED STATES ARMY,
Defendants - Appellees.
Appeal from the United States District Court for the Southern
District of West Virginia, at Huntington. Robert C. Chambers,
District Judge. (3:07-cv-00749)
Submitted: January 5, 2009 Decided: January 21, 2009
Before NIEMEYER and MOTZ, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Gilbert L. Spurlock, Appellant Pro Se. Carol A. Casto, Assistant
United States Attorney, Charleston, West Virginia, for
Appellees.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Gilbert L. Spurlock appeals the district court’s order
accepting the report and recommendation of the magistrate judge
and dismissing his civil complaint for failure to timely respond
to the court’s order. We have reviewed the record and find no
reversible error. Accordingly, although we grant leave to
proceed in forma pauperis, we affirm for the reasons stated by
the district court. See Spurlock v. Leal, No. 3:07-cv-00749
(S.D.W. Va. Sept. 16, 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.
AFFIRMED
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