Raleigh Mason v. City of Wellsburg

Filing 920100127

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-1749 RALEIGH MASON; JERRY ADAMS, Plaintiffs - Appellants, v. CITY OF WELLSBURG; WAYNE CAMPBELL, official capacity and individually, Defendants - Appellees. its Mayor, in his Appeal from the United States District Court for the Northern District of West Virginia, at Wheeling. Frederick P. Stamp, Jr., Senior District Judge. (5:07-cv-00030-FPS) Submitted: August 26, 2009 Decided: January 27, 2010 Before TRAXLER, Chief Judge, HAMILTON, Senior Circuit Judge, and Mark S. DAVIS, United States District Judge for the Eastern District of Virginia, sitting by designation. Affirmed by unpublished per curiam opinion. Paul Joseph Harris, Wheeling, West Virginia, for Appellants. Amy M. Smith, STEPTOE & JOHNSON PLLC, Clarksburg, West Virginia; Melanie M. Norris, STEPTOE & JOHNSON PLLC, Wheeling, West Virginia, for Appellees. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Raleigh Mason and Jerry Adams appeal the district court's order granting summary judgment sua sponte to the City of Wellsburg and Mayor Wayne Campbell. and find no reversible error. reasons stated by the We have reviewed the record Accordingly, we affirm for the court. Mason v. City of We district Wellsburg, No. 5:07-cv-00030-FPS (N.D. W. Va. June 6, 2008). 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 2

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