Joseph Marion Head, Jr., appeals the order of the magistrate judge denying Head’s “Motion for Rehearing and etc. Relief and Release” and his motion for appointment of counsel. We have reviewed the record and conclude that there was no abuse of discretion. Accordingly, we affirm for the reasons stated by the magistrate judge. See Head v. Williamson, No. CA-03-63 (S.D.W. Va. filed Oct. 21, 2004; entered Oct. 22, 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. The motion for judgment of acquittal and for “10 zillion dollars” is denied.

AFFIRMED