UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 04-6347

LEVI LUGINBYHL,

Plaintiff - Appellant,

versus

AMERICAN CORRECTIONAL ASSOCIATION, Unknown Members, et al.,

Defendant - Appellee.

Appeal from the United States District Court for the District of Maryland, at Baltimore. Alexander Williams, Jr., District Judge. (CA-03-3364-AW)

Submitted: June 14, 2004 Decided: October 21, 2004

Before WILKINSON, LUTTIG, and DUNCAN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Levi Luginbyhl, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Levi Luginbyhl appeals the denial of his motion for

reconsideration of the district court’s order dismissing his

(2000) complaint for failure to state a claim. We

have reviewed the record and find no reversible error.

Accordingly, we affirm for the reasons stated by the district

court. See Luginbyhl v. American Correctional Ass’n., No. CA-03-

3364-AW (D. Md. Feb. 13, 2004). Further, we deny Luginbyhl’s

motion for emergency injunction because he did not first present

that motion to the district court, and did not allege that it would

have been impracticable to do so. See Fed. R. App. P.

8(a)(2)(A)(i). 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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