Gilbert L. Spurlock v. Bank of America

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-1049
GILBERT L. SPURLOCK,
Plaintiff - Appellant,
versus
BANK OF AMERICA; DAVID SAUNDERS,
Defendants - Appellees.
Appeal from the United States District Court for the Southern
District of West Virginia, at Huntington. Robert C. Chambers,
District Judge. (CA-04-1193)
Submitted: May 31, 2006 Decided: June 26, 2006
Before MICHAEL, MOTZ, and KING, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Gilbert L. Spurlock, Appellant Pro Se. John F. McCuskey,
Christopher James Sears, SHUMAN, MCCUSKEY & SLICER, Charleston,
West Virginia, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Gilbert L. Spurlock appeals the district court’s orders
accepting the report and recommendation of a magistrate judge and
dismissing his civil complaint for lack of jurisdiction and denying
his motion to remand. We have reviewed the record and find no
reversible error. Accordingly, we affirm because the district
court correctly concluded that it lacked jurisdiction to either
entertain the merits of Spurlock’s complaint or remand the case to
state court. See Spurlock v. Bank of America, No. CA-04-1193 (S.D.
W. Va. Dec. 2 and Dec. 13, 2005). We deny Spurlock’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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