UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 12-7510

DAVID ATKINS,

Plaintiff - Appellant,

v.

DONALD F. FARLEY, Sheriff; K. SEARS, Classification Officer; SHANK, Classification Officer; STEVEN SHORTELL, LT.; KATHRYN SCHWARTZ, RN, Head Nurse,

Defendants - Appellees.

Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Glen E. Conrad, Chief District Judge. (7:11-cv-00592-GEC-RSB)

Submitted: January 15, 2013 Decided: February 1, 2013

Before DAVIS, KEENAN, and FLOYD, Circuit Judges.

Affirmed by unpublished per curiam opinion.

David Atkins, Appellant Pro Se. Carlene Booth Johnson, PERRY LAW FIRM, PC, Dillwyn, Virginia; Wade Travis Anderson, Kevin Osborne Barnard, FRITH, ANDERSON & PEAKE, PC, Roanoke, Virginia, for Appellees.

Unpublished opinions are not binding precedent in this circuit.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

David Atkins appeals the district court’s order

granting the motion for judgment on the pleadings filed by

Defendant Schwartz, granting the motion to dismiss for failure

to state a claim filed by Defendants Farley, Sears, Shank, and

Shortell, and denying relief on his

(2006)

civil rights action. We have reviewed the record and find no

reversible error. Accordingly, we grant leave to proceed in

forma pauperis and affirm for the reasons stated by the district

court. Atkins v. Farley, No. 7:11-cv-00592-GEC-RSB (W.D. Va.

Aug. 3, 2012). 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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