Gathers v. Department of Correctional

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-7743

JOHNNIE GATHERS,

Plaintiff - Appellant,

v.

DEPARTMENT OF CORRECTIONAL; LIEUTENANT BRAYBOY; SERGEANT HEYWARD; SERGEANT JONES; OFFICER MORRIS, all sued in their individual capacity,

Defendants - Appellees.

Appeal from the United States District Court for the District of South Carolina, at Beaufort. Henry M. Herlong, Jr., Senior District Judge. (9:09-cv-00035-HMH)

Submitted: December 17, 2009 Decided: January 7, 2010

Before WILKINSON, NIEMEYER, and AGEE, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Johnnie Gathers, Appellant Pro Se. Bradford Cary Andrews, Samuel F. Arthur, III, AIKEN, BRIDGES, NUNN, ELLIOTT & TYLER, PA, Florence, South Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.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

Johnnie Gathers 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. We have

reviewed the record and find no reversible error. Accordingly,

we affirm for the reasons stated by the district court.

Gathers v. Dep’t of Corr., No. 9:09-cv-00035-HMH (D.S.C. Sept.

2, 2009). We deny Gathers’ motion for injunctive relief and his

“default motion taken against defendants.” 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