Barnett v. Gonzales

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 06-2303

EARL BARNETT,

Plaintiff - Appellant,

versus

ALBERTO R. GONZALES, Attorney General,

Defendant - Appellee.

Appeal from the United States District Court for the Northern District of West Virginia, at Clarksburg. Irene M. Keeley, Chief District Judge. (1:05-cv-00058-IMK-JS)

Submitted: May 30, 2007 Decided: June 15, 2007

Before MICHAEL, SHEDD, and DUNCAN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Earl Barnett, Appellant Pro Se. Daniel W. Dickinson, Jr., OFFICE OF THE UNITED STATES ATTORNEY, Wheeling, West Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Earl T. Barnett appeals the district court order adopting

the recommendation of the magistrate judge in part and rejecting it

in part, granting Attorney General Alberto Gonzales’ motion for

summary judgment, and dismissing Barnett’s civil action with

prejudice. Barnett also appeals the district court’s order denying

his Fed. R. Civ. P. 59(e) motion for reconsideration of that order.

We have reviewed the record and find no reversible error.

Accordingly, we affirm for the reasons stated by the district

court. See Barnett v. Gonzales, No. 1:05-cv-00058-IMK-JS (N.D. W.

Va. Sept. 27 & Nov. 9, 2006). 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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