UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 06-1161

MANUEL HELMBRIGHT,

Plaintiff - Appellant,

versus

BONNIE DAVIS, in her private and official capacity; CHIEF K. GESSLER, in his official capacity; OFFICER WALLACE, in his official capacity; UNKNOWN DESK OFFICER, in his official capacity,

Defendants - Appellees.

No. 06-1595

MANUEL HELMBRIGHT,

Plaintiff - Appellant,

versus

BONNIE DAVIS, in her private and official capacity; CHIEF K. GESSLER, in his official capacity; OFFICER WALLACE, in his official capacity; UNKNOWN DESK OFFICER, in his official capacity,

Defendants - Appellees. Appeals from the United States District Court for the Northern District of West Virginia, at Wheeling. Frederick P. Stamp, Jr., District Judge. (5:04-cv-00069-FPS)

Submitted: September 26, 2006 Decided: September 28, 2006

Before WIDENER and WILKINSON, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Manuel Helmbright, Appellant Pro Se. Paul C. Camilletti, CAMILETTI, SACCO & PIZZUTI, Wheeling, West Virginia; Melanie Morgan Norris, Jacob Andrew Manning, STEPTOE & JOHNSON, Wheeling, West Virginia, for Appellees.

Unpublished opinions are not binding precedent in this circuit.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

- 2 - PER CURIAM:

Manuel Helmbright appeals the district court’s orders

granting defendant police officers’ motion to dismiss under Fed. R.

Civ. P. 12(b)(6) and vacating its pre-trial conference and trial

schedule in his

(2000) action. We have reviewed

the record and find no reversible error. Accordingly, we affirm

for the reasons stated by the district court. Helmbright v. Davis,

No. 5:04-cv-00069-FPS (N.D.W. Va. Jan. 20, 2006; Mar. 23, 2006. 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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