Alkebulanyahh v. South Carolina Dept Corr

Filing 920070212


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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 06-7449 ABDIYYAH BEN ALKEBULANYAHH, formerly known as Tyree Alphonso Roberts, Plaintiff - Appellant, versus SOUTH CAROLINA DEPARTMENT OF CORRECTIONS; THIERRY D. NETTLES, Captain; CHARLES WHITTEN; LIEUTENANT BUMBCUMB; CORPORAL WILSON, Defendants - Appellees. Appeal from the United States District Court for the District of South Carolina, at Greenville. Margaret B. Seymour, District Judge. (6:05-cv-02525-MBS) Submitted: January 24, 2007 Decided: February 12, 2007 Before TRAXLER, KING, and SHEDD, Circuit Judges. Affirmed by unpublished per curiam opinion. Abdiyyah ben Alkebulanyahh, Appellant Pro Se. Andrew Frederick Lindemann, DAVIDSON, MORRISON & LINDEMANN, P.A., Columbia, South Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Abdiyyah ben Alkebulanyahh, a/k/a Tyree Alphonso Roberts, appeals the district court's order denying relief on his 42 U.S.C. 1983 (2000) complaint. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. We further conclude that Alkebulanyahh failed to allege sufficient facts to demonstrate that excessive force was used against him. See Alkebulanyahh v. South Carolina Dep't of We dispense Corrs., No. 6:05-cv-02525-MBS (D.S.C. Aug. 8, 2006). 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 - 2 -

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