Don McKinney v. Commonwealth of Virginia, No. 13-2080 (4th Cir. 2013)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-2080 DON W. MCKINNEY, Plaintiff - Appellant, v. COMMONWEALTH OF VIRGINIA, Defendant - Appellee. Appeal from the United States District Court for the Western District of Virginia, at Big Stone Gap. James P. Jones, District Judge. (2:12-cv-00032-JPJ-PMS) Submitted: December 17, 2013 Decided: December 19, 2013 Before KING, GREGORY, and WYNN, Circuit Judges. Affirmed by unpublished per curiam opinion. Don W. McKinney, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Don W. McKinney appeals the district court s order dismissing his 42 U.S.C. § 1983 (2006) complaint under 28 U.S.C. § 1915(e)(2)(B) (2006). reversible error. We have reviewed the record and find no Accordingly, we affirm for the reasons stated by the district court. 2:12-cv-00032-JPJ-PMS McKinney s pending McKinney v. Commonwealth of Va., No. (W.D. Va. motion. We July 31, dispense 2013). with oral We deny argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process. AFFIRMED 2

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