UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 06-7828

JATHIYAH ABDUR-RAHMAN AL-BAYYINAH,

Plaintiff - Appellant,

versus

CAPTAIN MARSHALL HUDSON; LIEUTENANT DONNIE R. RAYNOR; SERGEANT B. BYNUM; BOYD BENNETT; MARVIN L. POLK, Warden,

Defendants - Appellees,

and

R. C. LEE, Warden,

Defendant.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Fox, Senior District Judge. (5:02-ct-00462-F)

Submitted: July 9, 2007 Decided: November 8, 2007

Before TRAXLER and SHEDD, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Jathiyah abdur-Rahman al-Bayyinah, Appellant Pro Se. Yvonne Bulluck Ricci, NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit.

- 2 - PER CURIAM:

Jathiyah abdur-Rahman al-Bayyinah appeals the district

court’s order accepting the recommendation of the magistrate judge

and granting summary judgment in favor of corrections officials in

al-Bayyinah’s

(2000) action alleging violation of

his First Amendment right to free exercise of religion. We have

reviewed the record and find no reversible error. Accordingly, we

affirm for the reasons stated by the district court. Al-

Bayyinah v. Hudson, No. 5:02-ct-00462-F (E.D.N.C. Sept. 25, 2006).

We also deny al-Bayyinah’s motion for appointment of counsel. 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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