Thomas R. Morke appeals the district court’s order granting Defendants’ motion to dismiss his 42 U.S.C. § 1983 (2000) complaint and a subsequent order denying his Fed.R.Civ.P. 59 motion and motion for appointment of counsel. We have reviewed the record and find no reversible error. Accordingly, we affirm on the reasoning of the district court. See Morke v. McKinstry, No. CA-00-1152-AM (E.D. Va. filed May 6, 2002; entered May 8, 2002 & filed Nov. 29, 2001; entered Dec. 3, 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.