Kenneth Trivett v. Corrections Officer Diaz, No. 10-6936 (4th Cir. 2011)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-6936 KENNETH TRIVETT, Plaintiff - Appellant, v. CORRECTIONS OFFICER DIAZ; UNITED STATES OF AMERICA, Defendants - Appellees. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Dever III, District Judge. (5:08-ct-03103-D) Submitted: January 20, 2011 Before NIEMEYER and Senior Circuit Judge. GREGORY, Decided: Circuit February 14, 2011 Judges, and HAMILTON, Affirmed by unpublished per curiam opinion. Kenneth Trivett, Appellant Pro Se. Christina Ann Kelley, BUREAU OF PRISONS, Butner, North Carolina; Rudolf A. Renfer, Jr., Assistant United States Attorney, Raleigh, North Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Kenneth Trivett appeals the district court s order denying relief on his complaint filed pursuant to Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971), and under the Federal Tort Claims Act. the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. No. 5:08-ct-03103-D motion to appoint (E.D.N.C. counsel June and 24, We have reviewed Trivett v. Diaz, 2010). dispense with We oral deny the 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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