UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 15-6471

ANDREW DRAYTON, JR.,

Plaintiff - Appellant,

v.

STATE, etc,

Defendant - Appellee.

Appeal from the United States District Court for the District of South Carolina, at Rock Hill. Richard M. Gergel, District Judge. (0:14-cv-01548-RMG)

Submitted: January 21, 2016 Decided: February 5, 2016

Before MOTZ, KING, and AGEE, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Andrew Drayton, Jr., Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Andrew Drayton, Jr., appeals the district court’s order

accepting the recommendation of the magistrate judge and

dismissing his

(2012) complaint without

prejudice. * We have reviewed the record and find no reversible

error. Accordingly, we affirm for the reasons stated by the

district court. Drayton v. State, No. 0:14-cv-01548-RMG (D.S.C.

July 3, 2014). We deny Drayton’s motion to expedite as moot and

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

* This case has recently been returned to this court after a limited remand for a timeliness determination. The district court has granted Drayton’s motion to reopen the appeal period.

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