William Hencely Davis, Jr., appeals the district court’s order accepting the recommendation of the magistrate judge and denying relief on his 42 U.S.C. § 1983 (2000) complaint under 28 U.S.C. § 1915(e)(2)(B) (2000). We have reviewed the record and find that this appeal is frivolous. Accordingly, we dismiss the appeal for the reasons stated by the district court. See Davis v. Powell, No. CA-03-1190-1 (M.D.N.C. Mar. 31, 2004). We deny as moot Davis’ motion and amended motion to consolidate this appeal with Appeal Nos. 04-6890 and 04-6951. 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