UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 06-7929

JAMES FRANKLIN MCCLELLAND, Plaintiff - Appellant, versus

JOSEPH HARRIS; MIKEAL BUSH, Defendants - Appellees.

Appeal from the United States District Court for the Western District of North Carolina, at Statesville. Graham C. Mullen, Senior District Judge. (5:05-cv-00273)

Submitted: February 15, 2007 Decided: February 26, 2007

Before NIEMEYER, KING, and DUNCAN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

James Franklin McClelland, Appellant Pro Se. Lisa Yvette Harper, Assistant Attorney General, Raleigh, North Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: James Franklin McClelland 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. McClelland v. Harris, No. 5:05-cv-00273 (W.D.N.C. Nov. 7, 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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