UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 16-2072

MICHAEL SHAWN EVANS,

Plaintiff - Appellant,

v.

UNITED STATES OF AMERICA,

Defendant - Appellee,

and

WARDEN PURDUE; CAPTAIN YOUNG, Security; SERBERT L. CUNNINGHAM, C/O; LIEUTENANT R. YARBER; BUREAU OF PRISONS, as individuals and in their official capacity,

Defendants.

Appeal from the United States District Court for the Northern District of West Virginia, at Martinsburg. Gina M. Groh, Chief District Judge. (3:15-cv-00064-GMG-RWT)

Submitted: December 15, 2016 Decided: December 19, 2016

Before SHEDD, DUNCAN, and AGEE, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Michael Shawn Evans, 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 Unpublished opinions are not binding precedent in this circuit.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:

Michael Shawn Evans appeals the district court’s order

accepting the recommendation of the magistrate judge and denying

relief on his Federal Tort Claims Act complaint. We have

reviewed the record and find no reversible error. Accordingly,

we affirm for the reasons stated by the district court. Evans

v. United States, No. 3:15-cv-00064-GMG-RWT (N.D.W. Va. Sept. 2,

2016). We deny Evans’ motions to compel and to appoint counsel.

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

3