Mack v. United States ( 2003 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-7084
MARCUS DARRELL MACK,
Plaintiff - Appellant,
versus
UNITED STATES OF AMERICA; UNITED STATES
DEPARTMENT OF JUSTICE; NORMAN K. MOON; BRUCE
PAGEL; FRANK HARMAN; DAVID R. BEAN, U.S.
PROBATION OFFICER; SNOOK & HAUGHEY, Law Firm;
JOHN LLOYD SNOOK,
Defendants - Appellees.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. James C. Turk, Senior District
Judge. (CA-03-325-7)
Submitted: November 19, 2003 Decided: December 3, 2003
Before WIDENER, MICHAEL, and MOTZ, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Marcus Darrell Mack, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Marcus Darrell Mack appeals the district court’s order
dismissing his complaint filed pursuant to Bivens v. Six Unknown
Named Agents of the Fed. Bureau of Narcotics, 403 U.S. 388 (1971),
for failure to state a claim upon which relief may be granted
pursuant to 28 U.S.C. § 1915A(b)(1) (2000). We have reviewed the
record and find no reversible error. Accordingly, we affirm for the
reasons stated by the district court. See Mack v. United States,
No. CA-03-325-7 (W.D. Va. May 16, 2003). Additionally, we decline
to consider Mack’s prosecutorial misconduct and sentencing
arguments, both raised for the first time on appeal. See Muth v.
United States, 1 F.3d 246, 250 (4th Cir. 1993). 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
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