UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 05-1132

KENNETH RAY PRUITT, Plaintiff - Appellee, versus

BILLY PERNELL, Sharpsburg Police Chief; TOWN OF SHARPSBURG, NC; M. L. FELLNER, Officer; JOEL BATCHELOR, Officer, Defendants - Appellants, and

GEORGE BOTTOMS, Officer, Defendant.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Terrence W. Boyle, District Judge. (CA-02-270-5-BO)

Submitted: February 28, 2006 Decided: April 3, 2006

Before MICHAEL, MOTZ, and SHEDD, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Scott Christopher Hart, SUMRELL, SUGG, CARMICHAEL, HICKS & HART, P.A., New Bern, North Carolina, for Appellants. Kenneth Ray Pruitt, Appellee Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

- 2 - PER CURIAM: Appellants appeal the district court’s order denying qualified immunity in this 42 U.S.C. § 1983 (2000) action. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. See Pruitt v. Pernell, No. CA-02-270-5-BO (E.D.N.C. Jan. 5, 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

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