UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 05-1132 KENNETH RAY PRUITT, Plaintiff - Appellee, versus BILLY PERNELL, Sharpsburg Police Chief; TOWN OF SHARPSBURG, NC; M. L. FELLNER, Officer; JOEL BATCHELOR, Officer, Defendants - Appellants, and GEORGE BOTTOMS, Officer, Defendant. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Terrence W. Boyle, District Judge. (CA-02-270-5-BO) Submitted: February 28, 2006 Decided: April 3, 2006 Before MICHAEL, MOTZ, and SHEDD, Circuit Judges. Affirmed by unpublished per curiam opinion. Scott Christopher Hart, SUMRELL, SUGG, CARMICHAEL, HICKS & HART, P.A., New Bern, North Carolina, for Appellants. Kenneth Ray Pruitt, Appellee Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). - 2 - PER CURIAM: Appellants appeal the district court’s order denying qualified immunity in this 42 U.S.C. § 1983 (2000) action. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. See Pruitt v. Pernell, No. CA-02-270-5-BO (E.D.N.C. Jan. 5, 2005). 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 - 3 -