Miller v. Cunningham

• Court: Court of Appeals for the Fourth Circuit
• Decided: March 18, 2009
• Docket: 08-1742
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-1742

LARRY MILLER; 11TH SENATORIAL DISTRICT REPUBLICAN COMMITTEE,

Plaintiffs - Appellants,

v.

JEAN CUNNINGHAM, in her official capacity as Chairman of the Virginia State Board of Elections; HAROLD PYON, in his official capacity as Vice-Chairman of the Virginia State Board of Elections; NANCY RODRIQUES, in her official capacity as Secretary of the Virginia State Board of Elections,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Henry E. Hudson, District Judge. (3:05-cv-00266-HEH)

Submitted: February 23, 2009 Decided: March 18, 2009

Before MICHAEL and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Patrick M. McSweeney, Wesley G. Russell, Jr., MCSWEENEY, CRUMP, CHILDRESS & TEMPLE, P.C., Richmond, Virginia; Kenneth T. Cuccinelli, II, Paul A. Prados, CUCCINELLI & DAY, PLLC, Fairfax, Virginia, for Appellants. Robert F. McDonnell, Attorney General, Stephen R. McCullough, State Solicitor General, James V. Ingold, Senior Assistant Attorney General, William C. Mims, Chief Deputy Attorney General, William E. Thro, Special Counsel to the Attorney General, Richmond, Virginia, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

2 PER CURIAM:

Larry Miller and the 11th Senatorial District

Republican Committee appeal the district court’s order denying

their 42 U.S.C. § 1988(b) (2000) motion for attorneys’ fees. We

have reviewed the record and find no reversible error.

Accordingly, we affirm for the reasons stated by the district

court. Miller v Cunningham, No. 3:05-cv-00266-HEH (E.D. Va.

June 27, 2008). 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