Ricky Samuel Tarpley, Plaintiff-appellant, v. Boddie-noell Enterprises, Incorporated, Defendant-appellant, 989 F.2d 495 (4th Cir. 1993)

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US Court of Appeals for the Fourth Circuit - 989 F.2d 495 (4th Cir. 1993) Submitted: December 30, 1992Decided: March 26, 1993

Appeal from the United States District Court for the Western District of Virginia, at Danville. Jackson L. Kiser, District Judge. (CA-91-33-D)

Ricky Samuel Tarpley, Appellant Pro Se.

Alan Bruce Clarke, Charles Matthew Keen, OGLETREE, DEAKINS, NASH, SMOAK & STEWART, Raleigh, North Carolina, for Appellee.

W.D. Va.

AFFIRMED.

Before MURNAGHAN and WILKINSON, Circuit Judges, and CHAPMAN, Senior Circuit Judge.

PER CURIAM:


OPINION

Ricky Samuel Tarpley appeals from the district court's order dismissing his employment discrimination complaint brought under 42 U.S.C. § 2000e (1988). Our review of the record and the district court's opinion discloses that this appeal is without merit. Accordingly, we affirm on the reasoning of the district court.*  Tarpley v. Boddie-Noell Enters., Inc., No. CA-91-33-D (W.D. Va. Jan. 8, 1992). Additionally, we deny Tarpley's motion for appointment of counsel. 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

 *

Although Tarpley did not receive the notice required by Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975), on this record we find the failure to be harmless error. Fed. R. Civ. P. 61