Gerald Lee McCarty v. Paul L. Jones

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-6243
GERALD LEE MCCARTY,
Plaintiff - Appellant,
v.
PAUL L. JONES,
Defendant - Appellee.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. Louise W. Flanagan,
District Judge. (5:09-ct-03133-FL)
Submitted: April 29, 2010 Decided: May 4, 2010
Before MOTZ and DUNCAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Gerald Lee McCarty, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Gerald Lee McCarty appeals the district court’s order
dismissing his 42 U.S.C. § 1983 (2006) complaint under 28 U.S.C.
§ 1915(e)(2)(B) (2006). We have reviewed the record and find
that this appeal is frivolous. Accordingly, we affirm for the
reasons stated by the district court. McCarty v. Jones, No.
5:09-ct-03133-FL (E.D.N.C. Nov. 30, 2009). We deny McCarty’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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