Howard M. Denny, Plaintiff Appellant, v. Jack Combs; Dane Mastin; Bill Fletcher; Pa-paw'srestaurant, Defendants Appellees, 36 F.3d 1092 (4th Cir. 1994)

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US Court of Appeals for the Fourth Circuit - 36 F.3d 1092 (4th Cir. 1994) Submitted April 19, 1994Decided Oct. 5, 1994

Appeal from the United States District Court for the Western District of North Carolina, at Statesville. Graham C. Mullen, District Judge. (CA-93-52-MU)

Howard M. Denny, appellant Pro Se.

Harry Lee Davis, Jr., Hutchins, Tyndall, Daughton & Moore, Winston-Salem, NC; Robert James Lawing, Jane Cornwell Jackson, Robinson, Maready, Lawing & Comerford, Winston-Salem, NC, for appellees.



Before HALL and NIEMEYER, Circuit Judges, and CHAPMAN, Senior Circuit Judge.


Appellant appeals from the district court's order denying relief on his 42 U.S.C. § 1983 (1988) complaint. Our review of the record and the district court's opinion accepting the recommendation of the magistrate judge discloses that this appeal is without merit. Accordingly, we affirm on the reasoning of the district court.*  Denny v. Combs, No. CA-93-52-MU (W.D.N.C. Feb. 3, 1994). 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.



We also deny Appellant's motion for appointment of counsel