Benson v. Pleasants

Filing 920070620

Opinion

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 07-1103

BRYAN O'NEAL BENSON, Plaintiff - Appellant, versus BRAD PLEASANTS, Officer, Officer; S. A. SEFTON, Defendants - Appellees.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Fox, Senior District Judge. (5:06-cv-00058-F)

Submitted: June 15, 2007

Decided:

June 20, 2007

Before WIDENER, MICHAEL, and KING, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Bryan O'Neal Benson, Appellant Pro Se. John A. Maxfield, COUNTY ATTORNEY'S OFFICE FOR THE COUNTY OF WAKE, Raleigh, North Carolina; Reid Russell, Julie Lynn Bell, PATTERSON, DILTHEY, CLAY, BRYSON & ANDERSON, LLP, Raleigh, North Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Bryan O'Neal Benson appeals the district court's order granting in part and denying in part Defendants' motion for summary judgment and dismissing Benson's claims against the Defendants in their official capacities in his 42 U.S.C. § 1983 (2000) action.* We have reviewed the record and find no reversible error.

Accordingly, we affirm for the reasons stated by the district court. See Benson v. Pleasants, No. 5:06-cv-00058-F (E.D.N.C. Jan. 4, 2007). 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

Although this appeal was interlocutory at the time Benson filed the notice of appeal, we possess jurisdiction to consider the merits because the district court has subsequently entered final judgment disposing of the remaining claims. See In re Bryson, 406 F.3d 284 (4th Cir. 2005). - 2 -

*