Henry L. Smith, Jr., appeals from the district court’s order dismissing his employment discrimination action for failing to timely pursue equal employment opportunity (EEO) counseling. We have reviewed the record and the district court’s opinion and find no reversible error. Accordingly, we affirm on the reasoning of the district court. Smith v. Henderson, No. CA-00-572 BO (E.D.N.C. Aug. 9, 2001). 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.