UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 10-7138

DEWAYNE LEE ANTHONY,

Plaintiff - Appellant,

v.

JOHN HARVEY SMITH,

Defendant - Appellee.

Appeal from the United States District Court for the Western District of North Carolina, at Statesville. Graham C. Mullen, Senior District Judge. (5:10-cv-00033-GCM)

Submitted: November 30, 2010 Decided: December 7, 2010

Before WILKINSON, KEENAN, and WYNN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Dewayne Lee Anthony, Appellant Pro Se. Oliver Gray Wheeler, OFFICE OF THE ATTORNEY GENERAL OF NORTH CAROLINA, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Dewayne Lee Anthony 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. See Anthony v. Smith, No. 5:10-cv-00033-GCM (W.D.N.C.

Aug. 2, 2010). 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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