Gibbs v. Ozmint

• Court: Court of Appeals for the Fourth Circuit
• Decided: April 5, 2011
• Docket: 10-7189
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 10-7189

JOSEPH HUGO GIBBS,

Plaintiff – Appellant,

v.

JON E. OZMINT, as the Director of SCDC, et al.; RESPONDEAT SUPERIOR,

Defendants – Appellees.

Appeal from the United States District Court for the District of South Carolina, at Columbia. Patrick Michael Duffy, Senior District Judge. (3:08-cv-03955-PMD)

Submitted: March 31, 2011 Decided: April 5, 2011

Before NIEMEYER, SHEDD, and AGEE, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Joseph Hugo Gibbs, Appellant Pro Se. James M. Davis, Jr., DAVIDSON & LINDEMANN, PA, Columbia, South Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.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

Joseph Hugo Gibbs appeals the district court’s orders

accepting the recommendations of the magistrate judge and

denying Gibbs’ motion to remand to state court and dismissing

Gibbs’ 42 U.S.C. § 1983 (2006) complaint. Additionally, Gibbs

appeals the district court’s margin order denying his motion for

rehearing, but granting in part his motion to amend judgment to

reflect dismissal without prejudice. We have reviewed the

record and find no reversible error. Accordingly, we affirm for

the reasons stated by the district court. Gibbs v. Ozmint, No.

3:08-cv-03955-PMD (D.S.C. Aug. 5, 2009; July 26, 2010; filed

Aug. 5, 2010 & entered Aug. 6, 2010). 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