Wilson v. McKeller
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
JOHN COOKE WILSON, Plaintiff - Appellant, versus WARDEN MCKELLER; JON OZMINT, Director; GARY MANIGAULT, Officer; PARTNER, Defendants - Appellees.
Appeal from the United States District Court for the District of South Carolina, at Greenville. G. Ross Anderson, Jr., District Judge. (6:06-cv-01633-GRA)
November 6, 2007
November 21, 2007
Before MICHAEL and GREGORY, Circuit Judges, and WILKINS, Senior Circuit Judge.
Affirmed by unpublished per curiam opinion.
John Cooke Wilson, Appellant Pro Se. Samuel F. Arthur, III, Bradford Cary Andrews, AIKEN, BRIDGES, NUNN, ELLIOTT & TYLER, PA, Florence, South Carolina; Benjamin Albert Baroody, BELLAMY, RUTENBURG, COPELAND, EPPS, GRAVELY & BOWERS, PA, Myrtle Beach, South Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM: John Cooke Wilson appeals the district court's order accepting the recommendation of the magistrate judge and denying relief on his 42 U.S.C. § 1983 (2000) complaint. We have reviewed
the record and find that Wilson has failed to demonstrate that his injuries, if any, were not de minimus in nature. Wilson also
alleges that one of the correctional officers used a racial slur while assaulting him. mere threats or While the alleged statement was deplorable, abuse, without more, do not state a
cognizable claim under § 1983.
See Northington v. Jackson, 973
F.2d 1518, 1524 (10th Cir. 1992) (citing Collins v. Cundy, 603 F.2d 825, 827 (10th Cir. 1979)); see also Carter v. Morris, 164 F.3d 215, 219 n.3 (4th Cir. 1999). Accordingly, we affirm for the Wilson v. McKeller, No. We dispense with oral
reasons stated by the district court. 6:06-cv-01633-GRA (D.S.C. May 24, 2007).
argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.
- 2 -
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?