Randy Thomas v. Ynez Olshausen

Filing 920090312


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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-1805 RANDY L. THOMAS, Plaintiff - Appellant, v. YNEZ OLSHAUSEN; MARY ELLEN MCDONALD; PETER GORMAN; CHARLOTTE-MECKLENBURG POLICE; CHARLOTTE-MECKLENBURG; STATE OF NORTH CAROLINA, Defendants - Appellees. Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Graham C. Mullen, Senior District Judge. (3:07-cv-00130-GCM) Submitted: February 11, 2009 Decided: March 12, 2009 Before WILKINSON, TRAXLER, and DUNCAN, Circuit Judges. Affirmed by unpublished per curiam opinion. Randy L. Thomas, Appellant Pro Se. Daniel William Clark, THARRINGTON, SMITH, LLP, Raleigh, North Carolina; Richard Harcourt Fulton, OFFICE OF THE CITY ATTORNEY, Charlotte, North Carolina; Thomas J. Ziko, Assistant Attorney General, Raleigh, North Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Randy L. Thomas appeals the district court's order denying his motions for recusal, for a more definite statement, and for discovery in his action filed pursuant to 42 U.S.C. 1983 (2000). discretion. We have reviewed the record and find no abuse of Accordingly, we affirm for the reasons stated by Thomas v. Olshausen, No. 3:07-cv-00130-GCM We deny Thomas' motion for emergency the district court. (W.D.N.C. June 16, 2008). relief. legal before We dispense with oral argument because the facts and are and adequately argument presented not in aid the the materials decisional contentions the court would process. AFFIRMED The district court dismissed the action, and we affirmed. Thomas v. Olshausen, __ F. App'x __, 2008 WL 5181833 (4th Cir. Dec. 11, 2008) (No. 08-1769). 2

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