Gene Smith, Sr. v. Roger Hunt

Filing 920090105

Opinion

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT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Affirmed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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