Ronald Smith appeals the district court’s order denying relief on his 42 U.S.C.A. § 1983 (West Supp. 2001) complaint. We have reviewed the record and the district court’s opinion accepting the magistrate judge’s recommendation and find no reversible error. Accordingly, we deny Smith’s motion for appointment of counsel and affirm on the reasoning of the district court. See Smith v. Beck, No. CA-00-537-5-2BR (E.D.N.C. July 25, 2001). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court *282 and argument would not aid the decisional process.

AFFIRMED.