Christopher Henry v. Al Baskerville, No. 09-7999 (4th Cir. 2009)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-7999 CHRISTOPHER S. HENRY, Plaintiff - Appellant, v. AL BASKERVILLE, Warden of Powhatan UNKNOWN, Correctional Officer, Correctional Center; Defendants - Appellees. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Henry E. Hudson, District Judge. (3:08-cv-00561-HEH) Submitted: December 17, 2009 Decided: December 31, 2009 Before WILKINSON, NIEMEYER, and AGEE, Circuit Judges. Affirmed by unpublished per curiam opinion. Christopher S. Henry, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Christopher S. Henry appeals the district court s order accepting the recommendation of the magistrate judge and dismissing his 42 U.S.C. § 1983 (2006) action under 28 U.S.C. § 1915(e)(2)(B) (2006). Henry also appeals the district court s order denying his subsequent Fed. R. Civ. P. 59(e) motion for reconsideration. We have reversible error. Accordingly, we affirm for the reasons stated by the district court. reviewed the record and find no See Henry v. Baskerville, No. 3:08-cv- 00561-HEH (E.D. Va. Sept. 4, 2009 & Oct. 22, 2009). 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 2

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