UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-2064

GILBERT L. SPURLOCK,

Plaintiff - Appellant,

v.

UNITED STATES ARMY CORPS OF ENGINEERS; MARK ADKINS,

Defendants - Appellees.

Appeal from the United States District Court for the Southern District of West Virginia, at Huntington. Robert C. Chambers, District Judge. (3:07-cv-00643-RCC)

Submitted: January 5, 2009 Decided: January 21, 2009

Before NIEMEYER and MOTZ, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Gilbert L. Spurlock, Appellant Pro Se. Carol A. Casto, Assistant United States Attorney, Charleston, West Virginia, for Appellees.

Unpublished opinions are not binding precedent in this circuit.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

Gilbert L. Spurlock appeals the district court’s order

accepting the report and recommendation of the magistrate judge

and dismissing his civil complaint for lack of jurisdiction. We

have reviewed the record and find no reversible error.

Accordingly, although we grant leave to proceed in forma

pauperis, we affirm for the reasons stated by the district

court. See Spurlock v. U.S. Army Corps of Eng’rs, No.

3:07-cv-00643-RCC (S.D.W. Va. Aug. 21, 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.

AFFIRMED

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