Robert John Schieble, Jr., seeks to appeal the district court’s order accepting the recommendation of the magistrate judge and denying relief without prejudice on his 42 U.S.C. § 1983 (2000) complaint. We have reviewed the record and find no reversible error. Accordingly, we deny Schieble’s motion for leave to proceed in *914 forma pauperis and dismiss the appeal for the reasons stated by the district court. See Schieble v. Knight, No. CA-03-2068-3-12 (D.S.C. filed Nov. 3, 2003 & entered Nov. 4, 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.

DISMISSED