Wagner v. United States

• Court: Court of Appeals for the Fourth Circuit
• Decided: March 5, 2009
• Docket: 08-7656
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-7656

THEODORE WAGNER,

Plaintiff - Appellant,

v.

UNITED STATES OF AMERICA,

Defendant - Appellee.

Appeal from the United States District Court for the District of South Carolina, at Columbia. G. Ross Anderson, Jr., District Judge. (3:08-cv-02176-GRA)

Submitted: February 26, 2009 Decided: March 5, 2009

Before NIEMEYER, MICHAEL, and GREGORY, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Theodore Wagner, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Theodore Wagner appeals the district court’s order

accepting the recommendation of the magistrate judge and

dismissing without prejudice his action for declaratory judgment

under 28 U.S.C. § 2201 (2006), and Fed. R. Civ. P. 57. We have

reviewed the record and find no reversible error. Accordingly,

we affirm for the reasons stated by the district court. See

Wagner v. United States, No. 3:08-cv-02176-GRA (D.S.C. July 14,

2008). We deny Wagner’s motions for immediate redress of

declaratory judgment and for appointment of counsel. 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