James H. Pickett, Jr., appeals the district court’s order granting the Defen *165 dant’s motion to dismiss pursuant to Fed. R.Civ.P. 12(b)(6). We have reviewed the record and find no reversible error. Accordingly, we deny Pickett’s motion to appoint counsel, and affirm for the reasons stated by the district court. Pickett v. Potter, No. 1:05-cv-01210-CMH (E.D.Va. Sept. 26, 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.