UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 16-1756

BRUCE ANTHONY DILLARD,

Plaintiff – Appellant,

v.

UNITED STATES OF AMERICA,

Defendant – Appellee,

and

CHARLES E. SAMUELS, JR., Director of Federal Bureau of Prisons,

Defendant.

Appeal from the United States District Court for the Northern District of West Virginia, at Martinsburg. Gina M. Groh, Chief District Judge. (3:16-cv-00009-GMG-MJA)

Submitted: November 18, 2016 Decided: November 28, 2016

Before DUNCAN, THACKER, and HARRIS, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Bruce Anthony Dillard, Appellant Pro Se. Erin Carter Tison, Assistant United States Attorney, Wheeling, West Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit.

2 PER CURIAM:

Bruce Anthony Dillard appeals the district court’s order

adopting the recommendation of the magistrate judge dismissing

Dillard’s complaint pursuant to Fed. R. Civ. P. 12(b)(1). 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. Dillard v.

United States, No. 3:16-cv-00009-GMG-MJA (N.D. W. Va. June 22,

2016). 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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