UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 10-7429

HOWELL W. WOLTZ, TEP, Plaintiff - Appellant, v. UNITED STATES OF AMERICA; DAVID A. BERKEBILE, Warden, Defendants - Appellees.

Appeal from the United States District Court for the Southern District of West Virginia, at Beckley. Irene C. Berger, District Judge. (5:09-cv-01177-ICB)

Submitted: October 18, 2011 Decided: October 20, 2011

Before WILKINSON, MOTZ, and DIAZ, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Howell W. Woltz, Appellant Pro Se. Stephen Michael Horn, Assistant United States Attorney, Charles T. Miller, Assistant United States Attorney, Charleston, West Virginia, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Howell W. Woltz appeals the district court’s order accepting the recommendation of the magistrate judge in part and denying relief on his civil complaint filed pursuant to Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971). We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. See Woltz v. United States, No. 5:09-cv- 01177-ICB (S.D.W. Va. Sept. 27, 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