UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-2193

GILBERT L. SPURLOCK,

Plaintiff - Appellant,

v.

CAROL A. CASTO; UNITED STATES DEPARTMENT OF JUSTICE,

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-00750)

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Affirmed by unpublished per curiam opinion.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. Stephen Michael Horn, 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Unpublished opinions are not binding precedent in this circuit.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 in part 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. Casto, No. 3:07-cv-00750

(S.D.W. Va. Sept. 16, 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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