Hester v. Astrue

• Court: Court of Appeals for the Fourth Circuit
• Decided: June 9, 2009
• Docket: 08-2150
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-2150

VANCE DONNELL HESTER,

Plaintiff – Appellant,

v.

MICHAEL J. ASTRUE, Commissioner of Social Security,

Defendant – Appellee.

Appeal from the United States District Court for the Eastern District of North Carolina, at Wilmington. James C. Dever III, District Judge. (7:07-cv-00125-D)

Submitted: April 17, 2009 Decided: June 9, 2009

Before NIEMEYER, TRAXLER, and KING, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Henry Clifton Hester, HESTER GRADY & HESTER, P.L.L.C, Elizabethtown, North Carolina, for Appellant. George E. B. Holding, United States Attorney, Karen J. Aviles, Special Assistant United States Attorney, Baltimore, Maryland, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Vance Donnell Hester appeals the district court’s

order denying his motion for judgment on the pleadings and

granting the Commissioner’s motion for judgment on the pleadings

in his action seeking review of the Commissioner’s decision to

deny him disability insurance benefits and Supplemental Security

Income under the Social Security Act. We have reviewed the

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

the reasons stated by the district court, Hester v. Astrue,

No. 7:07-cv-00125-D (E.D.N.C. Aug. 12, 2008), and our decision

in Mickles v. Shalala, 29 F.3d 918 (4th Cir. 1994). 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