Don McKinney v. Don Earls

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-1837
DON MCKINNEY,
Plaintiff - Appellant,
versus
DON EARLS,
Defendant - Appellee.
Appeal from the United States District Court for the Western
District of Virginia, at Big Stone Gap. James P. Jones, Chief
District Judge. (CA-03-153-2)
Submitted: January 27, 2005 Decided: February 16, 2005
Before LUTTIG and DUNCAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Don McKinney, Appellant Pro Se. Jeffrey Allan Sturgill, STURGILL,
MULLINS & KENNEDY, Wise, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Don McKinney appeals the district court’s order
dismissing his civil action for failure to state a claim upon which
relief could be granted. We have reviewed the record and find no
reversible error. Accordingly, we affirm on the reasoning of the
district court. See McKinney v. Earls, No. CA-03-153-2 (W.D. Va.
June 26, 2004). We deny McKinney’s motion for appointment of
counsel. 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

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