UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 13-7783

CHARLES GILLENWATER, Plaintiff - Appellant, v. FRANK L. CIKUTOVICH, Defendant - Appellee.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Terrence W. Boyle, District Judge. (5:13-ct-03135-BO)

Submitted: April 17, 2014 Decided: April 21, 2014

Before WILKINSON, KING, and DUNCAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Charles Gillenwater, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Charles Gillenwater appeals the district court’s order dismissing as frivolous under 28 U.S.C. § 1915 (2012) his complaint filed pursuant to Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971). We have reviewed the record and find that this appeal is frivolous.

Accordingly, we deny leave to proceed in forma pauperis and dismiss the appeal for the reasons stated by the district court.

Gillenwater v. Cikutovich, No. 5:13-ct-03135-BO (E.D.N.C. Oct.

23, 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