UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 06-6862

CHARLES M. CASSELL, III,

Plaintiff - Appellant,

versus

OFFICER SCHOBER; CORPORAL CONNELY; SERGEANT GUESS; NURSE CASS; OFFICER BOBBY GRUBB; OFFICER HOPPNERATH; DEPUTY ALMOND; OFFICER HARP; OFFICER DALE HAGUE,

Defendants - Appellees.

Appeal from the United States District Court for the Western District of North Carolina, at Statesville. Graham C. Mullen, Senior District Judge. (5:01-cv-00153)

Submitted: September 28, 2006 Decided: October 10, 2006

Before NIEMEYER, TRAXLER, and SHEDD, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Charles M. Cassell, III, Appellant Pro Se. James Redfern Morgan, Jr., Robert T. Numbers, II, WOMBLE, CARLYLE, SANDRIDGE & RICE, PLLC, Winston-Salem, North Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.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

Charles Cassell appeals the district court’s order

granting his motion for a voluntary dismissal and dismissing with

prejudice his

(2000) complaint. We have reviewed

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

for the reasons stated by the district court. Cassell v. Schober,

No. 5:01-cv-00153 (W.D.N.C. Apr. 25, 2006). Further, we deny

Cassell’s motion for appointment of 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

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