Berry v. Taylor

• Court: Court of Appeals for the Fourth Circuit
• Decided: December 23, 1997
• Docket: 97-1909
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 97-1909

CHARLES E. BERRY,

Plaintiff - Appellant,

versus

SID C. TAYLOR,

Defendant - Appellee,

and

HUBERT E. TYLER; JIMMY BAKER; JAKE BROWN; ROBERT BRYANT, JR.; EMMA JONES; SHARON TERRY; PATRICIA WALLS; DAN WILLIAMS; JASPER COUNTY SCHOOL DISTRICT,

Defendants.

Appeal from the United States District Court for the District of South Carolina, at Beaufort. Solomon Blatt, Jr., Senior District Judge. (CA-96-1487-08-9)

Submitted: December 11, 1997 Decided: December 23, 1997

Before HALL and WILLIAMS, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion. Charles E. Berry, Appellant Pro Se. Stephen P. Hughes, HOWELL, GIBSON & HUGHES, P.A., Beaufort, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

PER CURIAM: Appellant appeals the district court's order denying relief on

his 42 U.S.C. § 1983 (1994) complaint. We have reviewed the record

and find no reversible error. Accordingly, we affirm. Berry v. Tay- lor, No. CA-96-1487-08-9 (D.S.C. June 20, 1997). Appellant failed

to show all of the elements necessary to support a malicious prose-

cution claim under South Carolina law. See Jordan v. Deese, 452

S.E.2d 838 (S.C. 1995). We deny Appellant's motion for appointment

of counsel. 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