UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 12-1726

BEVERLY S. GRAY, an individual, and as ADMINISTRATRIX OF THE ESTATE OF Mark A. Gray,

Plaintiff - Appellant,

v.

HAWKEYE CONTRACTING COMPANY, LLC, a Kentucky Corporation,

Defendant - Appellee,

and

APPALACHIAN SECURITY, INC., a Kentucky Corporation; CATENARY COAL COMPANY, LLC, a West Virginia Corporation,

Defendants.

Appeal from the United States District Court for the Southern District of West Virginia, at Charleston. Joseph R. Goodwin, Chief District Judge. (2:10-cv-01056)

Submitted: November 19, 2012 Decided: December 21, 2012

Before WILKINSON, DIAZ, and FLOYD, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Charles M. Johnstone, II, William M. Shrewsberry, Jr., JOHNSTONE & GABHART, LLP, Charleston, West Virginia, for Appellant; Jason S. Hammond, Jordan K. Herrick, BAILEY & WYANT, PLLC, Charleston, West Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

2 PER CURIAM:

Beverly S. Gray appeals the district court’s orders

dismissing her claims of negligence and deliberate intent under

the West Virginia Workers’ Compensation Act,

-

2 (Lexis Nexis 2005), for failure to state a claim, and denying

her subsequent motion for reconsideration. We have reviewed the

record and find no reversible error. Accordingly, we affirm for

the reasons stated by the district court. Gray v. Hawkeye

Contracting Co., No. 2:10-cv-01056 (S.D. W. Va. Nov. 9, 2010 &

Mar. 7, 2011). We dispense with oral argument because the facts

and legal contentions are adequately presented in the materials

before this court and argument would not aid the decisional

process.

AFFIRMED

3