UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 07-1716

RANDY L. THOMAS,

Plaintiff - Appellant,

versus

GRAHAM C. MULLEN,

Defendant - Appellee.

Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Frank D. Whitney, District Judge. (3:07-cv-00231-FDW)

Submitted: October 18, 2007 Decided: October 22, 2007

Before WILKINSON, NIEMEYER, and KING, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Randy L. Thomas, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Randy L. Thomas appeals the district court’s order

dismissing his

(2000) complaint under

(e)(2)(B) (2000). We have reviewed the record and find no

reversible error. Accordingly, we affirm for the reasons stated by

the district court. Thomas v. Mullen, No. 3:07-cv-00231-FDW

(W.D.N.C. June 19, 2007). We grant leave to proceed in forma

pauperis 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.

AFFIRMED

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