Stanley Earl Winston appeals the district court’s order accepting the recommendation of the magistrate judge and 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. Winston v. Grice, No. 3:06-cv-03567-TLW, 2008 WL 216399 (filed Jan. 24, 2008 & entered Jan. 25, 2008). We deny Winston’s motion for appointment of counsel 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.