Sebastian X. Moore appeals the district court’s order dismissing as frivolous his 42 U.S.C. § 1983 (2000) complaint alleging that counsel failed to recognize appealable issues and refused to represent him. We have reviewed the record and find that this appeal is frivolous. Accordingly, we affirm on the reasoning of the district court. See Moore v. Gray, No. CA-04-918-5 (E.D.N.C. Jan. 26, 2005). 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