UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 07-1422

DARRIN T. GREEN,

Plaintiff - Appellant,

versus

UNUMPROVIDENT CORPORATION,

Defendant - Appellee.

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. M. Hannah Lauck, Magistrate Judge. (3:05-cv-00791-MHL)

Submitted: November 30, 2007 Decided: January 8, 2008

Before NIEMEYER, KING, and SHEDD, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Darrin T. Green, Appellant Pro Se. Michael E. Lacy, TROUTMAN & SANDERS, LLP, Richmond, Virginia, Eric Wagner Schwartz, Jonathan S. Hubbard, TROUTMAN & SANDERS, LLP, Virginia Beach, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Darrin T. Green sought beneficiary insurance benefits

from his deceased mother’s life insurance policy. He appeals the

magistrate judge’s order denying his claim under the Employee

Retirement Income Security Act of 1974,

(2000).*

We have reviewed the record and find no reversible error.

Accordingly, we affirm substantially on the reasoning of the

magistrate judge. See Green v. UnumProvident Corp., No. 3:05-cv-

00791-MHL (E.D. Va. Mar. 26, 2007). We agree with the magistrate

judge that even if Green’s mother ceased active employment due to

illness, as he alleges, she still would not have been covered by

the insurance plan at the time of her death. 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

* The parties consented to the jurisdiction of a magistrate judge under

(c) (2000).

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