Gerald Deel v. Home Depot USA, Incorporated

Filing 920091020

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-1254 GERALD O. DEEL, Plaintiff - Appellant, v. HOME DEPOT USA, INCORPORATED; ESTES EXPRESS LINES, Defendants - Appellees. Appeal from the United States District Court for the District of South Carolina, at Spartanburg. William M. Catoe, Jr., Magistrate Judge. (7:08-cv-00856-WMC) Submitted: September 30, 2009 Decided: October 20, 2009 Before WILKINSON, GREGORY, and DUNCAN, Circuit Judges. Affirmed by unpublished per curiam opinion. Gerald O. Deel, Appellant Pro Se. Larry Dwight Floyd, Jr., PARKER, POE, ADAMS & BERNSTEIN, LLP, Columbia, South Carolina; Charles Edward Raynal, IV, PARKER, POE, ADAMS & BERNSTEIN, LLP, Raleigh, North Carolina; Thomas Lynn Ogburn, III, POYNER SPRUILL, LLP, Charlotte, North Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Gerald O. Deel appeals the magistrate judge's order dismissing for failure to state a claim Deel's breach of contract and defamation complaint. and find no reversible error. We have reviewed the record Accordingly, we affirm for the Deel v. Home Depot USA, We dispense reasons stated by the magistrate judge. Inc., No. 7:08-cv-00856-WMC (D.S.C. Feb. 25, 2009). 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 The parties consented to the magistrate jurisdiction pursuant to 28 U.S.C. 636(c) (2006). judge's 2

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