UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 02-7770

DAVID LEE SMITH,

Plaintiff - Appellant,

versus

STATE OF NORTH CAROLINA,

Defendant - Appellee.

Appeal from the United States District Court for the Middle District of North Carolina, at Durham. Frank W. Bullock, Jr., District Judge. (CA-02-761-1)

Submitted: January 16, 2003 Decided: January 27, 2003

Before WILLIAMS, KING, and GREGORY, Circuit Judges.

Affirmed by unpublished per curiam opinion.

David Lee Smith, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

David Lee Smith appeals the district court’s order accepting

the recommendation of the magistrate judge and denying relief on

his

(2000) complaint. We have reviewed the record

and find no reversible error. Accordingly, we affirm on the

reasoning of the district court. See Smith v. North Carolina, No.

CA-02-761-1 (M.D.N.C. filed Nov. 6, 2002; entered Nov. 7, 2002).

We deny Smith’s motion to relieve the state court judge from his

judicial obligations. 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

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