UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 12-7842

BRIAN OMAR BRAXTON, SR.,

Plaintiff - Appellant,

v.

COLE, Lt. Supervisor of housing unit 5; HARRIS, Sgt. of housing unit 5; THOMAS, Sgt. of housing unit 5; J. L. NEWTON, Maintenance; SGT. AMSTED; C. O. BROWN; C. O. RIDEOUT; C. O. JONES; C. O. DESBROW; SGT. SWINNEY; CAPT. MAC,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Anthony John Trenga, District Judge. (1:12-cv-00758-AJT-TRJ)

Submitted: February 26, 2013 Decided: March 1, 2013

Before MOTZ, WYNN, and DIAZ, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Brian Omar Braxton, Sr., Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Brian Omar Braxton, Sr., appeals the district court’s

orders dismissing his

(2006) complaint after a

28 U.S.C. § 1915A (2006) review, and denying what it construed

as motions for relief pursuant to Fed. R. Civ. P. 59(e) and/or

Fed. R. Civ. P. 60(b). Braxton has also filed an application to

proceed in forma pauperis on appeal, as well as a motion for

appointment of counsel. We have reviewed the record and find no

reversible error. Accordingly, although we grant Braxton leave

to proceed in forma pauperis, we deny his motion for appointment

of counsel and affirm the district court’s orders. Braxton v.

Cole, No. 1:12-cv-00758-AJT-TRJ (E.D. Va. filed Oct. 6, 2012,

entered Oct. 9, 2012; filed Oct. 17, 2012, entered Oct. 19,

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

2