UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-2100

GENE E. SMITH, SR., an incompetent person,

Plaintiff – Appellant,

and

IDA M. CLARK, Guardian for Gene E. Smith, Sr.,

Party-in-Interest,

v.

ROGER L. HUNT, individually; JAMES C. MAHAN, individually; LAWRENCE R. LEAVITT, individually; JOY GARNER, individually; JULIE GIESBRECHT, individually; LANCE WILSON, individually; ATC VANCOM INC, d/b/a ATC Van Deraa; BYRON E. THOMAS; JAMES N. FOSTER, JR.; DANIEL G. FRITZ,

Defendants – Appellees.

Appeal from the United States District Court for the District of South Carolina, at Charleston. Patrick Michael Duffy, District Judge. (2:08-cv-02068)

Submitted: December 17, 2008 Decided: January 5, 2009

Before MOTZ, TRAXLER, and AGEE, Circuit Judges.

Affirmed by unpublished per curiam opinion. Gene E. Smith, Sr., Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

2 PER CURIAM:

Gene E. Smith, Sr., appeals the district court’s order

accepting the recommendation of the magistrate judge and denying

relief on his complaint filed pursuant to Bivens v. Six Unknown

Named Agents of Fed. Bureau of Narcotics,

(1971).

We have reviewed the record and find no reversible error.

Accordingly, we affirm for the reasons stated by the district

court. Smith v. Hunt, No. 2:08-cv-02068 (D.S.C. Sept. 15,

2008). 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. Smith’s motion for reconsideration and motion for

appointment of counsel are denied.

AFFIRMED

3