Unpublished opinions are not binding precedent in this circuit.

Clarence Scott Miller appeals the district court’s order accepting the recommendation of the magistrate judge and dismissing Miller’s 42 U.S.C. § 1983 motion for failure to comply with a discovery order and for lack of prosecution under Fed. R. Civ. P. 37 & 41. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. Miller v. Garvin, No. 6:15-cv-00108-TMC, 2016 WL 879298 (D.S.C. Mar. 8, 2016). We deny Miller’s motion for appointment of 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