Gardner v. Westberg

• Court: Court of Appeals for the Fourth Circuit
• Decided: June 1, 2011
• Docket: 11-6406
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 11-6406

ULYSSES P. GARDNER,

Plaintiff - Appellant,

v.

MILTON WESTBERG, Dr.; ROSE BROWN; JAMES W. VAUGHAN,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Terrence W. Boyle, District Judge. (5:09-ct-03086-BO)

Submitted: May 26, 2011 Decided: June 1, 2011

Before KING, SHEDD, and DIAZ, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Ulysses P. Gardner, Appellant Pro Se. Elizabeth Pharr McCullough, Kelly Elizabeth Street, YOUNG, MOORE & HENDERSON, P.A., Raleigh, North Carolina; Oliver Gray Wheeler, OFFICE OF THE ATTORNEY GENERAL OF NORTH CAROLINA, Raleigh, North Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.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

Ulysses P. Gardner appeals the district court’s order

denying relief on his 42 U.S.C. § 1983 (2006) complaint. We

have reviewed the record and find no reversible error.

Accordingly, although we grant leave to proceed in forma

pauperis, we deny Gardner’s motion for appointment of counsel

and affirm for the reasons stated by the district court.

Gardner v. Westberg, No. 5:09-ct-03086-BO (E.D.N.C. March 1,

2011). 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