UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-1529

RICHARD K. REVELY, Plaintiff – Appellant, v. CITY OF HUNTINGTON, a municipal corporation; HUNTINGTON POLICE DEPARTMENT; SERGEANT BOOTH, individually and in his capacity as a police officer of the City of Huntington, Defendants – Appellees, and JOHN DOES, One through Twelve, Defendant.

Appeal from the United States District Court for the Southern District of West Virginia, at Huntington. Robert C. Chambers, District Judge. (3:07-cv-00648)

Submitted: May 20, 2010 Decided: May 24, 2010

Before WILKINSON, NIEMEYER, and DAVIS, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Richard K. Revely, Appellant Pro Se. Ryan Q. Ashworth, Steven Kenneth Nord, OFFUTT NORD, Huntington, West Virginia, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Richard K. Revely appeals the district court’s order granting Defendants summary judgment in his 42 U.S.C. § 1983 (2006) action against them and entering judgment in their favor.

We have reviewed the record and find no reversible error.

Accordingly, we deny Revely’s motions for appointment of counsel and Defendants’ motion to strike Revely’s informal brief and affirm the district court’s judgment. Revely v. City of Huntington, No. 3:07-cv-00648 (S.D.W. Va. Apr. 23, 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