Goldsmith v. Queen

• Court: Court of Appeals for the Fourth Circuit
• Decided: January 27, 2011
• Docket: 10-6114
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 10-6114

ROBIN L. GOLDSMITH,

Plaintiff – Appellant,

v.

FRED QUEEN, Facilities Maintenance Instructor, Prunytown Correctional Center; DAVID PROCTOR, D.O., Huttonsville Correctional Center,

Defendants – Appellees,

and

JIM IELAPI, Warden, Prunytown Correctional Center; WEXFORD HEALTH SOURCES; TERESA WAID, Warden, Huttonsville Correctional Center; JIM RUBENSTEIN, Commissioner, WV Division of Corrections; RONALD MORINO,

Defendants.

Appeal from the United States District Court for the Northern District of West Virginia, at Wheeling. Frederick P. Stamp, Jr., Senior District Judge. (5:08-cv-00171-FPS-JES)

Submitted: January 10, 2011 Decided: January 27, 2011

Before KING, GREGORY, and DAVIS, Circuit Judges.

Affirmed by unpublished per curiam opinion. Robin L. Goldsmith, Appellant Pro Se. Thomas E. Buck, BAILEY & WYANT, PLLC, Wheeling, West Virginia; Philip Cameron Petty, ROSE PADDEN & PETTY, LC, Fairmont, West Virginia, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

2 PER CURIAM:

Robin L. Goldsmith appeals the district court’s order

denying reconsideration of its order accepting the magistrate

judge’s recommendation and dismissing 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. See Goldsmith v. Queen, No. 5:08-cv-

00171-FPS-JES (N.D. W. Va. Jan. 15, 2010; Jan. 4, 2010; Nov. 9,

2009; June 30, 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