Bryan Richardson v. Mr. Smith

668 F. App'x 508

• Court: Court of Appeals for the Fourth Circuit
• Decided: September 13, 2016
• Docket: 16-6172
• Status: Unpublished

Opinion

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Bryan Keith Richardson appeals the district court’s order adopting the report and recommendation of the magistrate judge and denying relief on his complaint filed pursuant to Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971). We have reviewed the record and find no reversible error. Accordingly, we affirm substantially for the reasons stated by the district court. Richardson v. Smith, No. 2:14-cv-00064-JPB-MJA, 2016 WL 237126 (N.D. W. Va. Jan. 20, 2016). In addition, we find that Richardson’s requests for discovery were properly denied because the evidence sought for discovery would not have created a genuine issue of material fact sufficient to defeat summary judgment. See Ingle ex re. Ingle v. Yelton, 439 F.3d 191, 196 (4th Cir. 2006). We deny Richardson’s motion for appropriate relief and dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

AFFIRMED