UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 10-6740

CORY ANTHONY SIMPSON,

Plaintiff - Appellant,

v.

OFFICER KAPELUCK; C. J. HOWELL, Officer,

Defendants - Appellees.

Appeal from the United States District Court for the Southern District of West Virginia, at Charleston. John T. Copenhaver, Jr., District Judge. (2:09-cv-00021)

Submitted: November 18, 2010 Decided: November 30, 2010

Before SHEDD and AGEE, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Cory Anthony Simpson, Appellant Pro Se. Michael Deering Mullins, STEPTOE & JOHNSON, L.L.P., Charleston, West Virginia, for Appellees.

Unpublished opinions are not binding precedent in this circuit.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

Cory Anthony Simpson appeals the district court’s

order declining to accept the magistrate judge’s recommendation

to dismiss his

(2006) complaint for failure to

prosecute, and granting Defendants’ motion for summary judgment

on the merits of the action. We have reviewed the record and

find no reversible error. Accordingly, we affirm for the

reasons stated by the district court. Simpson v. Kapeluck, No.

2:09-cv-00021 (S.D.W. Va. May 14, 2010). We further deny

Simpson’s motion for appointment of counsel. 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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