Ralph Edward Rhodes appeals the district court’s order denying relief on his 42 U.S.C.A. § 1983 (West Supp. 2001) complaint. To the extent Rhodes appeals the adverse grant of summary judgment, we have reviewed the record and the district court’s opinion accepting the magistrate judge’s recommendation and find no reversible error. Accordingly, we affirm on the reasoning of the district court. Rhodes v. Pena, No. CA-98-927-5 (S.D.W.Va. Aug. 8, 2001). To the extent Rhodes seeks to appeal the district court’s denial of his request for appointment of counsel, we find no abuse of discretion by the district court. 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.