Summerville v. Local 77

• Court: Court of Appeals for the Fourth Circuit
• Decided: September 7, 2005
• Docket: 05-1275
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 05-1275

MELTON SUMMERVILLE,

Plaintiff - Appellant,

versus

LOCAL 77; AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES,

Defendants - Appellees. -------------------

DUKE UNIVERSITY,

Movant.

Appeal from the United States District Court for the Middle District of North Carolina, at Durham. William L. Osteen, District Judge. (CA-03-770-1)

Submitted: August 24, 2005 Decided: September 7, 2005

Before WILKINSON, NIEMEYER, and MOTZ, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Melton Summerville, Appellant Pro Se. Michael Griffin Okun, PATTERSON HARKAVY, L.L.P., Raleigh, North Carolina; John David James, SMITH, JAMES, ROWLETT & COHEN, L.L.P., Greensboro, North Carolina, for Appellees. Charles Matthew Keen, OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C., Raleigh, North Carolina, for Movant. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

- 2 - PER CURIAM:

Melton Summerville appeals the district court’s order

accepting the recommendation of the magistrate judge and granting

defendants’ motion for summary judgment and dismissing his civil

action in which he alleged conspiracy and collusion claims. We

have reviewed the record and find no reversible error.

Accordingly, we affirm on the reasoning of the district court. See

Summerville v. Local 77, No. CA-03-770-1 (M.D.N.C. Feb. 28, 2005).

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

- 3 -