UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 04-7035

THEODORE TIMOTHY MILLER, Plaintiff - Appellant, versus

ART BEELER, Warden; B. R. JETT; DR. LOWE; DR. WALASIN; DR. GONZALEZ; B. CAPEHARDT, Dr.; JEAN ZULA, Dr., Defendants - Appellees.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Malcolm J. Howard, District Judge. (CA-03-774-5-H)

Submitted: November 10, 2004 Decided: December 10, 2004

Before MOTZ, KING, and GREGORY, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Theodore Timothy Miller, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM: Theodore Timothy Miller appeals the district court’s order denying him appointment of counsel and dismissing as frivolous his claims under Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971). We have reviewed the record and find no abuse of discretion or reversible error.

Accordingly, we affirm on the reasoning of the district court. See Miller v. Beeler, No. CA-03-774-5-H (E.D.N.C. filed April 29, 2004; entered April 30, 2004). 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

- 2 -