071028.U

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-1028
BENJAMIN S. PACE, III,
Plaintiff - Appellant,
versus
JACKIE SMITH; ALBERTA SMITH,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. Terrence W. Boyle,
District Judge. (5:05-cv-00188-BO)
Submitted: March 23, 2007 Decided: April 27, 2007
Before MICHAEL, TRAXLER, and KING, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Benjamin S. Pace, III, Appellant Pro Se. John Wayne Welch, Jr.,
KIRK, KIRK, HOWELL, CUTLER & THOMAS, LLP, Wendell, North Carolina,
for Appellees.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Benjamin S. Pace, III, appeals the district court’s order
dismissing his complaint for lack of subject matter jurisdiction.
As a preliminary matter, we deny Appellees’ motions to dismiss, to
strike, and for sanctions. We have also reviewed the record and
find no reversible error. Accordingly, we affirm for the reasons
stated by the district court. See Pace v. Smith, No. 5:05-cv-
00188-BO (E.D.N.C. Oct. 3, 2005). 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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