Ellerbe v. United States

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 05-7943

JAMES EDWARD ELLERBE,

Plaintiff - Appellant,

versus

UNITED STATES OF AMERICA; JOHN ASHCROFT, Attorney General,

Defendants - Appellees.

Appeal from the United States District Court for the District of South Carolina, at Greenville. Henry F. Floyd, District Judge. (CA-04-22944)

Submitted: May 17, 2006 Decided: June 16, 2006

Before MICHAEL and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

James Edward Ellerbe, Appellant Pro Se. Raymond Emery Clark, Assistant United States Attorney, Columbia, South Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.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

James Edward Ellerbe appeals the district court’s order

accepting the recommendation of the magistrate judge and granting

summary judgment to Defendants on Ellerbe’s complaint filed

pursuant to the Federal Tort Claims Act, 28 U.S.C. §§ 2671 - 2680

(2000) . We have reviewed the record and find no reversible error.

Accordingly, we affirm for the reasons stated by the district

court. Ellerbe v. United States, No. CA-04-22944 (D.S.C. Nov. 30,

2005). We grant the Government’s motion to redact or seal. We

deny Ellerbe’s motions for appointment of counsel, for an

injunction, for a court order, for a subpoena, and all other

pending motions. We deny Ellerbe’s motion for 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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