Calderon v. Correctional Officer Foster

• Court: Court of Appeals for the Fourth Circuit
• Decided: February 15, 2008
• Docket: 07-6620
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 07-6620

VICTOR CALDERON,

Plaintiff - Appellant,

versus

CORRECTIONAL OFFICER FOSTER; UNITED STATES OF AMERICA,

Defendants - Appellees.

Appeal from the United States District Court for the Southern District of West Virginia, at Beckley. Thomas E. Johnston, District Judge. (5:05-cv-00696)

Submitted: February 6, 2008 Decided: February 15, 2008

Before WILKINSON, NIEMEYER, and MOTZ, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Victor Calderon, Appellant Pro Se. Stephen Michael Horn, Assistant United States Attorney, Charleston, West Virginia, for Appellees.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Victor Calderon appeals the district court’s order

accepting the recommendation of the magistrate judge and granting

Defendants’ motion for summary judgment on Calderon’s complaint

filed pursuant to Bivens v. Six Unknown Named Agents of Fed. Bureau

of Narcotics, 403 U.S. 388 (1971), and the Federal Tort Claims Act,

28 U.S.C.A. §§ 1346, 2671-2680 (West 2006 & Supp. 2007). We have

reviewed the record and find no reversible error. Accordingly, we

affirm for the reasons stated by the district court. See Calderon

v. Foster, No. 5:05-cv-00696 (S.D. W. Va. Mar. 30, 2007). 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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