Spurlock v. Bank of America

Filing 920060626


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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 06-1049 GILBERT L. SPURLOCK, Plaintiff - Appellant, versus BANK OF AMERICA; DAVID SAUNDERS,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 Affirmed by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit.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). 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. reversible error. We have reviewed the record and find no 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 before contentions the court are and adequately argument presented not in aid the the materials would decisional process. AFFIRMED - 2 -

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