Anthony James Braxton v. WILBUR R. TONEY, Oak Hill City Judge

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-6791
ANTHONY JAMES BRAXTON,
Plaintiff - Appellant,
versus
WILBUR R. TONEY, Oak Hill City Judge; DALE
PAYNE, Fayette County Magistrate Judge; CITY
OF OAK HILL; STATE OF WEST VIRGINIA,
Defendants - Appellees.
Appeal from the United States District Court for the Southern
District of West Virginia, at Beckley. David A. Faber, Chief
District Judge. (CA-03-638-5)
Submitted: January 13, 2005 Decided: January 19, 2005
Before WIDENER, NIEMEYER, and GREGORY, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Anthony James Braxton, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

-- 1 of 2 --

- 2 -
PER CURIAM:
Anthony James Braxton appeals the district court’s order
adopting the report and recommendation of the magistrate judge,
denying leave to amend his complaint, and dismissing his action
under 42 U.S.C. § 1983 (2000). We have reviewed the record and
find no abuse of discretion or reversible error. Accordingly, we
grant leave to proceed in forma pauperis and affirm on the
reasoning of the district court. See Braxton v. Toney, CA-03-638-5
(S.D.W. Va., Mar. 29, 2004 & filed May 17, 2004; entered May 18,
2004). We dispense with oral argument because the facts and legal
contentions are adequately presented in the materials before the
court and argument would not aid the decisional process.
AFFIRMED

-- 2 of 2 --