Timmy McDonald v. US

Filing 920090513

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-8280

TIMMY MCDONALD, Plaintiff - Appellant, v. UNITED STATES OF AMERICA, a/k/a United States Federal Bureau of Prisons, a/k/a United States Department of Justice; S. L. HAMLING, Sr. Off. Specialist; DEBORAH LIVINGSTON, Discip. Hrg Officer; K. M. WHITE, Reg. Director; HARRELL WATTS, Admin. Nat'l; UNKNOWN EMPLOYEES OF FEDERAL CORRECTIONAL INSTITUTION GILMER, Defendants - Appellees.

Appeal from the United States District Court for the Northern District of West Virginia, at Elkins. Robert E. Maxwell, Senior District Judge. (2:07-cv-00082-REM-JSK)

Submitted:

April 15, 2009

Decided:

May 13, 2009

Before NIEMEYER, MICHAEL, and DUNCAN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Timmy McDonald, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Timmy accepting dismissing the McDonald appeals of the the district court's judge (2006) order and his

recommendation 28 U.S.C.

magistrate 1915A

under

§§ 1915(e)(2),

complaint filed pursuant to the Federal Tort Claims Act (FTCA) and Bivens v. Six Unknown Named Agents of Fed. Bureau of

Narcotics, 403 U.S. 388 (1971). find no reversible stated by error. the

We have reviewed the record and Accordingly, court. we affirm for the

reasons

district

McDonald

v.

United

States, No. 2:07-cv-00082-REM-JSK (N.D. W. Va. Oct 14, 2008). We 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