UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-7224

STUART WAYNE TOMPKINS,

Plaintiff - Appellant,

v.

DAVID MITCHELL, Superintendent,

Defendant - Appellee.

Appeal from the United States District Court for the Western District of North Carolina, at Asheville. Graham C. Mullen, Senior District Judge. (1:08-cv-00322-GCM)

Submitted: October 1, 2010 Decided: October 25, 2010

Before WILKINSON, GREGORY, and SHEDD, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Stuart Wayne Tompkins, Appellant Pro Se. Yvonne Bulluck Ricci, Assistant Attorney General, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Stuart Wayne Tompkins appeals the district court’s

order denying relief on his

(2006) complaint.

We have reviewed the record and find no reversible error.

Accordingly, we affirm for the reasons stated by the district

court. Tompkins v. Mitchell, No. 1:08-cv-00322-GCM (W.D.N.C.

Apr. 14, 2009). Tompkins’ motions for default judgment, for a

temporary restraining order or preliminary injunction, and for

appointment of counsel are denied. 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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