Rainey v. Ford

Filing 920070803


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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 06-8027 JEROME W. RAINEY, Plaintiff - Appellant, versus LIEUTENANT FORD; SERGEANT POWELL, Defendants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 Affirmed by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit.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. reviewed the record and find no reversible error. We have We affirm the district court's judgment, however, on the modified grounds that Rainey failed to establish he received more than de minimus See injuries as a result of the alleged use of excessive force. 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. vacate and remand. facts and legal before We deny Rainey's pro se motion to We dispense with oral argument because the are and adequately argument presented not in aid the the contentions the court materials would decisional process. AFFIRMED - 2 -

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