Timmy McDonald v. US

Filing 920090513

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-8280 TIMMY MCDONALD, Plaintiff - Appellant, v. UNITED STATES OF AMERICA, a/k/a United States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 Affirmed by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit.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

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