UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 11-1221

DOUGLAS E. MCPHAIL, Plaintiff – Appellant, v. AMERICAN GENERAL FINANCIAL SERVICES, INCORPORATED, Defendant – Appellee, and A GOODNIGHT SLEEPSTORE, Defendant.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Malcolm J. Howard, Senior District Judge. (5:09-cv-00451-H)

Submitted: July 26, 2011 Decided: July 29, 2011

Before WILKINSON, KING, and DIAZ, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Douglas E. McPhail, Appellant Pro Se. Megan E. Miller, HUNTON & WILLIAMS, LLP, Charlotte, North Carolina; Canon Pence, HUNTON & WILLIAMS, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Douglas E. McPhail appeals the district court’s order dismissing his complaint under Fed. R. Civ. P. 12(b)(6) for failure to state a claim. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. McPhail v. American Gen. Fin.

Serv., Inc., No. 5:09-cv-00451-H (E.D.N.C. Feb. 8, 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