UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 02-7319

HARKLESS A. FOSSIE,

Plaintiff - Appellant,

versus

A. B. DICKERSON, III; H. R. ORR,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Fox, Senior District Judge. (CA-00-756)

Submitted: October 24, 2002 Decided: October 31, 2002

Before WIDENER, MICHAEL, and MOTZ, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Harkless A. Fossie, Appellant Pro Se. Scott Christopher Hart, SUMRELL, SUGG, CARMICHAEL, HICKS & HART, P.A., New Bern, North Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:

Harkless Fossie appeals the district court’s order accepting

the recommendation of the magistrate judge and granting the

defendants’ uncontested motion to dismiss his

(2000) action. We have reviewed the record and find no reversible

error. Accordingly, we affirm for the reasons stated by the

magistrate judge and the district court. See Fossie v. Dickerson,

No CA-00-756 (E.D.N.C. filed Aug. 19, 2002; entered Aug. 20, 2002).

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