UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 03-1913

KENNETH LEE CROW,

Plaintiff - Appellant,

versus

MCELROY COAL COMPANY, a division of Consol Energy Incorporated,

Defendant - Appellee.

Appeal from the United States District Court for the Northern District of West Virginia, at Wheeling. Frederick P. Stamp, Jr., District Judge. (CA-02-52-5)

Submitted: September 30, 2003 Decided: October 7, 2003

Before WILKINSON, NIEMEYER, and MICHAEL, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Kenneth Lee Crow, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Kenneth Lee Crow appeals the district court’s order accepting

the recommendation of the magistrate judge to dismiss Crow’s

employment discrimination complaint pursuant to

(e)(2)(B) (2000). We have reviewed the record and find no

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

the district court. See Crow v. McElroy Coal Co., No. CA-02-52-5

(N.D.W. Va. June 24, 2003). 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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