Octavius Bentley v. Gene Johnson

Filing 920091228

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-7647

OCTAVIUS BENTLEY, Plaintiff ­ Appellant, v. GENE M. JOHNSON, Director; JOHN C. JABE, Director, Defendants ­ Appellees.

Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Glen E. Conrad, District Judge. (7:09-cv-00253-gec-mfu)

Submitted:

December 3, 2009

Decided:

December 28, 2009

Before GREGORY and AGEE, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Octavius Bentley, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Octavius Bentley appeals the district court's order

dismissing his 42 U.S.C. § 1983 (2006) complaint under 28 U.S.C. § 1915A(b) (2006), as well as the district court's order denying Bentley's "Motion to Vacate." find no reversible error. We have reviewed the record and Accordingly, we affirm for the

reasons stated by the district court and deny Bentley's motion to appoint counsel (W.D. oral on appeal. Jul. Bentley 31, 2009; v. Johnson, 7:09-cvWe legal

00253-gec-mfu dispense with

Va.

Aug. 12, 2009). facts and

argument

because

the

contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED

2