UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-7156

ROY L. SMITH,

Plaintiff - Appellant,

v.

MS REDFEARN MILLER, Grievance Officer at Evans CI,

Defendant – Appellee.

Appeal from the United States District Court for the District of South Carolina, at Beaufort. Henry F. Floyd, District Judge. (9:07-cv-01774-HFF)

Submitted: October 14, 2008 Decided: October 20, 2008

Before KING, GREGORY, and AGEE, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Roy L. Smith, Appellant Pro Se. John Evans James, III, JOHN E. JAMES II LAW OFFICE, Winnsboro, South Carolina; Lucy Grey Wilson McIver, LEE, ERTER, WILSON, JAMES, HOLLER & SMITH, LLC, Sumter, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Roy L. Smith appeals the district court’s order

accepting the recommendation of the magistrate judge and denying

relief on his

(2000) complaint. We have

reviewed the record and find no reversible error. Accordingly,

we affirm for the reasons stated by the district court.

Smith v. Miller, No. 9:07-cv-01774-HFF (D.S.C. June 16, 2008).

We deny Smith’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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