Gilbert L. Spurlock appeals the district court’s order dismissing his civil action against the United States Army Corps of Engineers. We have reviewed the record and find no reversible error. Accordingly, *917 we affirm for the reasons stated by the district court. See Spurlock v. U.S. Army Corps of Eng’rs, No. CA-02-404-3 (S.D.W.Va. Feb. 3, 2004). Spurlock’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