Gene Smith, Sr. v. Roger Hunt

Filing 920090105

Opinion

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-2100 GENE E. SMITH, SR., an incompetent person, Plaintiff Appellant, and IDA M. CLARK, Guardian for Gene E. Smith, Sr., Party-in-Interest, v. ROGER L. HUNT, individually; JAMES C. MAHAN, individually; LAWRENCE R. LEAVITT, individually; JOY GARNER, individually; JULIE GIESBRECHT, individually; LANCE WILSON, individually; ATC VANCOM INC, d/b/a ATC Van Deraa; BYRON E. THOMAS; JAMES N. FOSTER, JR.; DANIEL G. FRITZ, Defendants Appellees. Appeal from the United States District Court for the District of South Carolina, at Charleston. Patrick Michael Duffy, District Judge. (2:08-cv-02068) Submitted: December 17, 2008 Decided: January 5, 2009 Before MOTZ, TRAXLER, and AGEE, Circuit Judges. Affirmed by unpublished per curiam opinion. Gene E. Smith, Sr., Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. 2 PER CURIAM: Gene E. Smith, Sr., appeals the district court's order accepting the recommendation of the magistrate judge and denying relief on his complaint filed pursuant to Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971). We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. 2008). legal before Smith v. Hunt, No. 2:08-cv-02068 (D.S.C. Sept. 15, We dispense with oral argument because the facts and contentions the court Smith's are and adequately argument for presented not in aid the the and materials decisional motion for would process. motion reconsideration appointment of counsel are denied. AFFIRMED 3

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