UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 13-2151

LEO L. PAYNE,

Plaintiff - Appellant,

v.

S. RANDOLPH SENGEL, Chief Commonwealth Attorney, Alexandria, Virginia; STEVEN ESCOBAR, Police Officer, Alexandria Police Department,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. James R. Spencer, District Judge. (3:12-cv-00852-JRS)

Submitted: December 19, 2013 Decided: December 23, 2013

Before SHEDD, DAVIS, and FLOYD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Leo Lionel Payne, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Leo Lionel Payne appeals the district court’s order

accepting the recommendation of the magistrate judge and

dismissing his

(2006) complaint under

(e)(2)(B) (2006). We have reviewed the record and find no

reversible error. Accordingly, we deny leave to proceed in

forma pauperis and dismiss the appeal for the reasons stated by

the district court. Payne v. Sengel, No. 3:12-cv-00852-JRS

(E.D. Va. Sept. 4, 2013). 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.

DISMISSED

2