UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-7453

MICHAEL MCNEILL,

Plaintiff - Appellant,

v.

MIKE RUFFIN,

Defendant - Appellee.

Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. James A. Beaty, Jr., Chief District Judge. (1:09-cv-00372-JAB-PTS)

Submitted: November 17, 2009 Decided: November 24, 2009

Before WILKINSON, MICHAEL, and KING, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Michael McNeill, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Michael McNeill appeals the district court’s order

accepting the recommendation of the magistrate judge and

dismissing his

(2006) complaint under

(e)(2)(B) (2006). We have reviewed the record and find

that this appeal is frivolous. Accordingly, we dismiss the

appeal for the reasons stated by the district court. McNeill v.

Ruffin, No. 1:09-cv-00372-JAB-PTS (M.D.N.C. July 31, 2009). 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.

DISMISSED

2