UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 06-1395

THOMAS J. GROSS, Plaintiff - Appellant, versus

NORMAN Y. MINETA, Secretary, Department of Transportation, Defendant - Appellee.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Leonie M. Brinkema, District Judge. (1:05-cv-01480-LMB)

Submitted: September 27, 2006 Decided: October 17, 2006

Before WILKINSON, MICHAEL, and GREGORY, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Thomas J. Gross, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM: Thomas J. Gross appeals the district court’s order dismissing this action with prejudice for failure to comply with a court order that he file a complaint that complied with Fed. R. Civ. P. 8(a). We have reviewed the record and find no reversible error. Accordingly, we dismiss the appeal for the reasons stated by the district court. Gross v. Mineta, No. 1:05-cv-01480-LMB (E.D. Va. Jan. 20, 2006). We deny the motions to proceed in forma pauperis and for appointment of counsel and 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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