UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-2151

JOHN D. HORTON,

Plaintiff - Appellant,

v.

MICHAEL B. DONLEY,

Defendant – Appellee,

and

JAMES G. ROCHE, JR., Secretary of Department of the Air Force,

Defendant.

Appeal from the United States District Court for the District of South Carolina, at Columbia. Margaret B. Seymour, District Judge. (3:07-cv-02316-MBS)

Submitted: February 18, 2010 Decided: February 23, 2010

Before WILKINSON, MICHAEL, and KING, Circuit Judges.

Affirmed by unpublished per curiam opinion.

John D. Horton, Appellant Pro Se. Terri Hearn Bailey, Assistant United States Attorney, Columbia, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

John D. Horton appeals the district court’s order

accepting the recommendation of the magistrate judge and

granting the Defendant’s motion for summary judgment and

dismissing Horton’s Title VII action. We have reviewed the

record and find no reversible error. Accordingly, we affirm for

the reasons stated by the district court. Horton v. Donley, No.

3:07-cv-02316-MBS (D.S.C. Aug. 28, 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.

AFFIRMED

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