Octavius Bentley v. Gene Johnson, No. 09-7647 (4th Cir. 2009)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-7647 OCTAVIUS BENTLEY, Plaintiff Appellant, v. GENE M. JOHNSON, Director; JOHN C. JABE, Director,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 Affirmed by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit.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 00253-gec-mfu dispense with (W.D. oral on appeal. Va. Jul. argument Bentley 31, v. 2009; because Johnson, 7:09-cv- Aug. 12, 2009). the facts and We legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. AFFIRMED 2

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