Lee Thomas Rivers, Jr., appeals the district court’s order adopting the recommendation of the magistrate judge and dismissing his civil action under 42 U.S.C. § 1983 (2000) without prejudice. We have *661 reviewed the record and find no reversible error. Accordingly, we affirm on the reasoning of the district court. See Rivers v. Campbell, No. CA-05-708-3 (D.S.C. June 15, 2005). We deny Appellant’s request to substitute 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