UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 03-7116

DWAYNE BOWMAN, Plaintiff - Appellant,

versus

WILLIAM L. HAYNES, Warden, Huttonsville Correctional Center; JIM RUBENSTEIN, Commissioner, West Virginia Department of Corrections, in his official and individual capacities; PAT GRAHAM, Counselor; ALBERT FORDYCE, Counselor, in his individual capacity; THE WEST VIRGINIA DEPARTMENT OF CORRECTIONS,

Defendants - Appellees.

Appeal from the United States District Court for the Northern District of West Virginia, at Elkins. Robert E. Maxwell, Senior District Judge. (CA-02-36-2)

Submitted: December 18, 2003 Decided: March 16, 2004

Before LUTTIG, SHEDD, and DUNCAN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Dwayne Bowman, Appellant Pro Se. Jeffrey Kent Phillips, Michael Deering Mullins, STEPTOE & JOHNSON, Charleston, West Virginia, for Appellees.

Unpublished opinions are not binding precedent in this circuit.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

Dwayne Bowman appeals the district court’s order denying

relief on his

(2000) complaint. We have reviewed

the record and the district court’s opinion accepting the

recommendation of the magistrate judge and find no reversible

error. Accordingly, we affirm on the reasoning of the district

court. See Bowman v. Haynes, No. CA-02-36-2 (N.D.W. Va. June 25,

2003). Bowman’s motion for appointment of counsel is denied. 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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