McCarty v. Jones

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-6243 GERALD LEE MCCARTY, Plaintiff - Appellant, v. PAUL L. JONES, Defendant - Appellee. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Louise W. Flanagan, District Judge. (5:09-ct-03133-FL) Submitted: April 29, 2010 Decided: May 4, 2010 Before MOTZ and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Gerald Lee McCarty, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Gerald Lee McCarty appeals the district court’s order dismissing his 42 U.S.C. § 1983 (2006) complaint under 28 U.S.C. § 1915(e)(2)(B) (2006). We have reviewed the record and find that this appeal is frivolous. Accordingly, we affirm for the reasons stated by the district court. McCarty v. Jones, No. 5:09-ct-03133-FL (E.D.N.C. Nov. 30, 2009). We deny McCarty’s motion for appointment of counsel. 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