Rainey v. Ford

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 06-8027

JEROME W. RAINEY,

Plaintiff - Appellant,

versus

LIEUTENANT FORD; SERGEANT POWELL,

Defendants - Appellees.

Appeal from the United States District Court for the District of South Carolina, at Charleston. G. Ross Anderson, Jr., District Judge. (2:06-cv-02267-GRA)

Submitted: July 23, 2007 Decided: August 3, 2007

Before MOTZ and DUNCAN, Circuit Judges, and WILKINS, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Jerome W. Rainey, Appellant Pro Se. Benjamin Albert Baroody, Samuel F. Arthur, III, AIKEN, BRIDGES, NUNN, ELLIOTT & TYLER, PA, Florence, South Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.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

Jerome W. Rainey appeals the district court’s order

dismissing his 42 U.S.C. § 1983 (2000) complaint as moot. We have

reviewed the record and find no reversible error. We affirm the

district court’s judgment, however, on the modified grounds that

Rainey failed to establish he received more than de minimus

injuries as a result of the alleged use of excessive force. See

Norman v. Taylor, 25 F.3d 1259, 1263 (4th Cir. 1994). We grant the

Appellees’ motion to strike Rainey’s exhibits one through ten

attached to his informal brief. We deny Rainey’s pro se motion to

vacate and 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

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