Case v. Stewart

Filing 920080603

Opinion

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 07-1052 JAMES DAVID CASE, as Personal Representative for the Estate of David Scott Case, Plaintiff - Appellant, and DAVID SCOTT CASE, deceased, Plaintiff, versus M. C. STEWART; GASTON COUNTY, Defendants - Appellees. Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. David C. Keesler, Magistrate Judge. (3:03-cv-00388) Submitted: September 28, 2007 Decided: June 3, 2008 Before NIEMEYER, MICHAEL, and MOTZ, Circuit Judges. Affirmed by unpublished per curiam opinion. Richard J. Lutzel, LUTZEL, GANDY & BROADWAY, PLLC, Mooresville, North Carolina, for Appellant. Martha Raymond Thompson, STOTT, HOLLOWELL, PALMER & WINDHAM, Gastonia, North Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. - 2 - PER CURIAM: James David Case, as personal representative of the estate of his son, David Scott Case, appeals the magistrate judge's order* granting summary judgment to Officer M.C. Stewart and Gaston County, North Carolina, on Case's claims under 42 U.S.C. 1983 (2000) and state law. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the magistrate judge. (W.D.N.C. Jan. 4, 2007). See Case v. Stewart, No. 3:03-cv-00388 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 parties consented to exercise of jurisdiction by a U.S. magistrate judge. See 28 U.S.C. 636(c) (2000). - 3 - *

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