UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 05-1802

MARION FLEMING,

Plaintiff - Appellant,

versus

JOHN E. POTTER, Postmaster General, United States Postal Service,

Defendant - Appellee.

Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Raymond A. Jackson, District Judge. (CA-04-444-2)

Submitted: November 30, 2005 Decided: December 21, 2005

Before NIEMEYER, TRAXLER, and SHEDD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Marion Fleming, Appellant Pro Se. Virginia Lynn Van Valkenburg, Assistant United States Attorney, Norfolk, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Marion Fleming appeals the district court’s order

dismissing his civil action under the Age Discrimination in

Employment Act,

to 634 (2000) (“ADEA”) and the

Rehabilitation Act of 1973,

to 797 (2000) (the

“Rehabilitation Act”). We deny Fleming leave to proceed in forma

pauperis and dismiss the appeal for the reasons stated by the

district court in its memorandum opinion. See Fleming v. Potter,

No. CA-04-444-2 (E.D. Va. filed May 18, 2005; entered May 19,

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.

DISMISSED

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