Graham v. Rosario

• Court: Court of Appeals for the Fourth Circuit
• Decided: May 23, 2011
• Docket: 10-7683
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 10-7683

STEVEN ANTHONY GRAHAM,

Plaintiff - Appellant,

v.

L. FUERTES ROSARIO, HSA MLP; HECTOR LOPEZ, Staff Physician; R. BLOCKER, Clinical Director; J. MATTSON, MRA,

Defendants – Appellees,

and

UNITED STATES DEPARTMENT OF JUSTICE/FEDERAL BUREAU OF PRISONS,

Defendant.

Appeal from the United States District Court for the District of South Carolina, at Columbia. Richard Mark Gergel, District Judge. (3:09-cv-01535-RMG)

Submitted: May 19, 2011 Decided: May 23, 2011

Before TRAXLER, Chief Judge, and AGEE and KEENAN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Steven Anthony Graham, Appellant Pro Se. Barbara Murcier Bowens, Assistant United States Attorney, Columbia, South Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

2 PER CURIAM:

Steven Anthony Graham appeals the district court’s

order accepting the recommendation of the magistrate judge and

denying relief on his civil complaint, in which he alleged that

the Defendants violated 42 U.S.C. §§ 1983, 1985 (2006) and

violated his First, Eighth, and Fourteenth Amendment rights. * We

have reviewed the record and find no reversible error.

Accordingly, we affirm for the reasons stated by the district

court. Graham v. Rosario, No. 3:09-cv-01535-RMG (D.S.C. filed

Nov. 9, 2010 & entered Nov. 10, 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

* As correctly noted by the magistrate judge, these claims are more properly considered under Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971).