Myers v. South Carolina Department of Corrections

• Court: Court of Appeals for the Fourth Circuit
• Decided: September 2, 2009
• Docket: 09-6387
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-6387

MACK NEIL MYERS,

Plaintiff – Appellant,

v.

SOUTH CAROLINA DEPARTMENT OF CORRECTIONS; WARDEN BURTT; D. MCGEE, Lieutenant; K. MYERS, Sergeant; JENKIN, Correctional Officer; FORDHAM, Correctional Officer; ANDREW LLOYD, JR., Correctional Officer,

Defendants – Appellees.

Appeal from the United States District Court for the District of South Carolina, at Rock Hill. Henry M. Herlong, Jr., Senior District Judge. (0:08-cv-00589-HMH)

Submitted: August 26, 2009 Decided: September 2, 2009

Before TRAXLER, Chief Judge, and GREGORY and SHEDD, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Mack Neil Myers, Appellant Pro Se. Eugene P. Corrigan, III, Jacqueline Gottfried Grau, GRIMBALL & CABANISS, Charleston, South Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.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

Mack Neil Myers appeals the district court’s order

accepting the recommendation of the magistrate judge and denying

relief on 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

Myers v. South Carolina Dep’t of Corr., No. 0:08-cv-00589-HMH

(D.S.C. Feb. 11, 2009). We deny as moot Myers’s motion to deny

Defendants’ motion to remand. 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