UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 11-1100

ANTHONY LEE MCNAIR, Apostle, Plaintiff – Appellant, v. TARBORO DISTRICT ATTORNEY’S OFFICE; WAYNE SHELTON BOYETTE, State Counselor, Defendants – Appellees.

Appeal from the United States District Court for the Eastern District of North Carolina, at New Bern. Louise W. Flanagan, Chief District Judge. (5:10-cv-00545-FL)

Submitted: March 15, 2011 Decided: March 21, 2011

Before MOTZ and WYNN, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Anthony Lee McNair, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Anthony Lee McNair appeals the district court’s order adopting the recommendation of the magistrate judge and dismissing as frivolous McNair’s 42 U.S.C. § 1983 (2006) complaint under 28 U.S.C. § 1915(e)(2)(B) (2006). We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. McNair v. Tarboro Dist. Att’y’s Office, No. 5:10-cv-00545-FL (E.D.N.C. Jan. 25, 2011). 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