Thomas v. Olshausen

• Court: Court of Appeals for the Fourth Circuit
• Decided: March 12, 2009
• Docket: 08-1805
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-1805

RANDY L. THOMAS,

Plaintiff - Appellant,

v.

YNEZ OLSHAUSEN; MARY ELLEN MCDONALD; PETER GORMAN; CHARLOTTE-MECKLENBURG POLICE; CHARLOTTE-MECKLENBURG; STATE OF NORTH CAROLINA,

Defendants - Appellees.

Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Graham C. Mullen, Senior District Judge. (3:07-cv-00130-GCM)

Submitted: February 11, 2009 Decided: March 12, 2009

Before WILKINSON, TRAXLER, and DUNCAN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Randy L. Thomas, Appellant Pro Se. Daniel William Clark, THARRINGTON, SMITH, LLP, Raleigh, North Carolina; Richard Harcourt Fulton, OFFICE OF THE CITY ATTORNEY, Charlotte, North Carolina; Thomas J. Ziko, Assistant Attorney General, Raleigh, North Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.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

Randy L. Thomas appeals the district court’s order

denying his motions for recusal, for a more definite statement,

and for discovery in his action filed pursuant to 42 U.S.C.

§ 1983 (2000). ∗ We have reviewed the record and find no abuse of

discretion. Accordingly, we affirm for the reasons stated by

the district court. Thomas v. Olshausen, No. 3:07-cv-00130-GCM

(W.D.N.C. June 16, 2008). We deny Thomas’ motion for emergency

relief. 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

∗ The district court dismissed the action, and we affirmed. Thomas v. Olshausen, __ F. App’x __, 2008 WL 5181833 (4th Cir. Dec. 11, 2008) (No. 08-1769).