UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 04-7774

JOSHUA FLUELLEN,

Plaintiff - Appellant,

versus

UNITED STATES OF AMERICA; FEDERAL BUREAU OF PRISONS; KATHLEEN HAWK-SAWYER; R. E. HOLT; DAN DOVE; L. FUERTES ROSARIO; J. A. SERRANO; L. GUEVARA,

Defendants - Appellees.

Appeal from the United States District Court for the District of South Carolina, at Columbia. Henry F. Floyd, District Judge. (CA-03-211-3-26BC)

Submitted: January 13, 2005 Decided: January 21, 2005

Before WIDENER, NIEMEYER, and GREGORY, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Joshua Fluellen, Appellant Pro Se. Raymond Emery Clark, Assistant United States Attorney, Columbia, South Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.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

Joshua Fluellen appeals a district court judgment

adopting the magistrate judge’s report and recommendation, granting

summary judgment to the United States and the remaining Defendants,

and dismissing the complaint under the Federal Tort Claims Act

(“FTCA”),

(2000). We have reviewed the

record, the magistrate judge’s report and recommendation, and the

district court’s order and affirm for the reasons stated by the

district court. See Fluellen v. United States, No.

CA-03-211-3-26BC (D.S.C. filed July 30, 2004 & entered August 2,

2004). We dispense with oral argument because the facts and legal

contentions of the parties are adequately presented in the

materials before the court and argument would not aid the

decisional process.

AFFIRMED

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