UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 04-7596

TROY B. JENKINS, Quartermaster Third Class QM3 USN,

Plaintiff - Appellant,

versus

M. A. MARR, Commander USN Commanding Officer of the Consolidated Naval Brig Charleston, South Carolina,

Defendant - Appellee.

Appeal from the United States District Court for the District of South Carolina, at Florence. Henry F. Floyd, District Judge. (CA- 04-2023)

Submitted: January 28, 2005 Decided: March 2, 2005

Before WILKINSON and MOTZ, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Troy B. Jenkins, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Troy B. Jenkins seeks to appeal the district court’s

order adopting a magistrate judge’s report and recommendation and

dismissing without prejudice his

(2000) petition.

We have reviewed the record and find no reversible error.

Accordingly, we affirm for the reasons stated by the district

court. See Jenkins v. Marr, No. CA-04-2023 (D.S.C. Sept. 13,

2004). We also deny Jenkins’ motion for appointment of 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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