UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 04-6649

JAMES BEN SMITH,

Plaintiff - Appellant,

versus

WILLIAM SMITH, Sheriff of Lenoir County and the Manicipality of Lenoir County; JOHN AND JANE DOES,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Terrence W. Boyle, Chief District Judge. (CA-04-172-5-BO)

Submitted: September 20, 2004 Decided: December 13, 2004

Before LUTTIG and SHEDD, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

James Ben Smith, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

James Ben Smith appeals the district court’s order

denying relief on his

(2000) complaint as

frivolous under

(e)(2). We have reviewed the

record and find no reversible error. Accordingly, we affirm for

the reasons stated by the district court. See Smith v. Smith, No.

CA-04-172-5-BO (E.D.N.C. Mar. 29, 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

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