991 F.2d 793

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.
Larry YANCEY, Plaintiff-Appellant,
v.
Donna E. SHALALA, Secretary of Health and Human Services,
Defendant-Appellee.

No. 93-1150.

United States Court of Appeals,
Fourth Circuit.

Submitted: March 29, 1993
Decided: April 22, 1993

Appeal from the United States District Court for the Middle District of North Carolina, at Durham. Frank W. Bullock, Jr., Chief District Judge. (CA-92-512-1)

Larry Yancey, Appellant Pro Se.

Benjamin Harvey White, Jr., Assistant United States Attorney, Greensboro, North Carolina, for Appellee.

M.D.N.C.

AFFIRMED.

Before LUTTIG, Circuit Judge, and BUTZNER and CHAPMAN, Senior Circuit Judges.

PER CURIAM:

1

Larry Yancey appeals from the district court's order dismissing his complaint for failure to state a claim upon which relief could be granted. 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. Yancey v. Shalala, No. CA-92-512-1 (M.D.N.C. Dec. 16, 1992). We deny Yancey's motions for emergency relief and the appointment of counsel, and 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