UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 04-7635

JOHN ERIC MAGBIE,

Plaintiff - Appellant,

versus

GENE JOHNSON; MR. HUFFMAN; WARDEN BASSETT; R. B. PHILLIPS; MR. LOCKHART; CAPTAIN KELLEY; MAJOR K. PICKEREL; LIEUTENANT SHREWER; LIEUTENANT COMBS; MR. HAMMOND; W. BARBETTO; MS. BARBETTO; OLSIN, Food Service Manager; MR. SMITH; CORRECTIONAL OFFICER ROSS; SERGEANT COX; DR. WATSON; JOHN DOE, Correction Officer; MR. HATFIELD; S. FULLER; CORRECTIONAL OFFICER BOSTIC,

Defendants - Appellees.

Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Jackson L. Kiser, Senior District Judge. (CA-04-504-7)

Submitted: February 9, 2005 Decided: February 15, 2005

Before WILKINSON, MICHAEL, and SHEDD, Circuit Judges.

Affirmed by unpublished per curiam opinion.

John Eric Magbie, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

John Eric Magbie appeals the district court’s order

dismissing his

(2000) action as frivolous pursuant

to 28 U.S.C. § 1915A(b)(1) (2000). We have reviewed the record and

the district court’s opinion and find no reversible error.

Accordingly, we affirm on the reasoning of the district court. See

Magbie v. Johnson, No. CA-04-504-7 (W.D. Va. Aug. 31, 2004). We

deny Magbie’s motion to appoint counsel. 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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