UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 13-2080

DON W. MCKINNEY,

Plaintiff - Appellant,

v.

COMMONWEALTH OF VIRGINIA,

Defendant - Appellee.

Appeal from the United States District Court for the Western District of Virginia, at Big Stone Gap. James P. Jones, District Judge. (2:12-cv-00032-JPJ-PMS)

Submitted: December 17, 2013 Decided: December 19, 2013

Before KING, GREGORY, and WYNN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Don W. McKinney, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Don W. McKinney appeals the district court’s order

dismissing his

(2006) complaint under

(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. McKinney v. Commonwealth of Va., No.

2:12-cv-00032-JPJ-PMS (W.D. Va. July 31, 2013). We deny

McKinney’s pending motion. 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

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