UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 06-7610

HERMAN ELLIS BREWINGTON, Plaintiff - Appellant, versus

MICHAEL JAMES HOWE; NEW HANOVER COUNTY SHERIFF’S DEPARTMENT, Defendants - Appellees.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Louise W. Flanagan, Chief District Judge. (5:04-ct-00445-FL)

Submitted: January 25, 2007 Decided: January 30, 2007

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

Affirmed by unpublished per curiam opinion.

Herman Ellis Brewington, Appellant Pro Se. James Redfern Morgan, Jr., WOMBLE CARLYLE, SANDRIDGE & RICE, PLLC, Winston-Salem, North Carolina; Mark Allen Davis, WOMBLE, CARLYLE, SANDRIDGE & RICE, PLLC, Raleigh, North Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Herman Ellis Brewington appeals the district court’s order denying relief on his 42 U.S.C. § 1983 (2000) complaint. We have reviewed the record and find no reversible error.

Accordingly, we affirm for the reasons stated by the district court. Brewington v. Howe, No. 5:04-ct-00445-FL (E.D.N.C. Aug. 15, 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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