Cleveland v. Abernathy

• Court: Court of Appeals for the Fourth Circuit
• Decided: August 4, 2009
• Docket: 09-1471
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-1471

GEORGE CLEVELAND,

Plaintiff – Appellant,

v.

LARRY W. ABERNATHY, Major, in his official capacities as Mayor and Chief Executive Officer of the City of Clemson, South Carolina; BUFORD E. TRENT, a/k/a Butch, in his official capacities as Mayor Pro Tem of the City of Clemson, South Carolina,

Defendants – Appellees.

Appeal from the United States District Court for the District of South Carolina, at Anderson. Henry M. Herlong, Jr., Senior District Judge. (8:08-cv-00517-HMH)

Submitted: July 30, 2009 Decided: August 4, 2009

Before MOTZ, KING, and DUNCAN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

George Cleveland, Appellant Pro Se. James Dean Jolly, Jr., LOGAN, JOLLY & SMITH, LLP, Anderson, South Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.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

George Cleveland appeals the district court’s order

accepting the recommendation of the magistrate judge and denying

relief on his 42 U.S.C. § 1983 (2006) complaint, and a

subsequent order denying his Fed. R. Civ. P. 59(e) motion to

alter or amend judgment. We have reviewed the record and find

no reversible error. Accordingly, we affirm for the reasons

stated by the district court. Cleveland v. Abernathy, No. 8:08-

cv-00517-HMH (D.S.C. Mar. 24, 2009). 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