Owen Silvious v. AFNI, Incorporated

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 5:07-cv-00145-FPS-JES. Copies to all parties and the district court/agency. [998598716]. Mailed to: Owen Silvious. [09-2164]

Appeal: 09-2164

Document: 33

Date Filed: 05/26/2011

Page: 1 of 3

ON REHEARING
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 09-2164

OWEN FRANKLIN SILVIOUS,
Plaintiff – Appellant,
v.
AFNI, INCORPORATED,
Defendant – Appellee,
and
MIDLAND CREDIT MANAGEMENT INCORPORATED; ENCORE CAPITAL
GROUP, INCORPORATED; ACCOUNT SERVICES; APPLIED CARD BANK;
CREDIGY RECEIVABLES, INCORPORATED; CREDIT ONE BANK; LTD
FINANCIAL SERVICES, LP,
Defendants.

Appeal from the United States District Court for the Northern
District of West Virginia, at Wheeling.
Frederick P. Stamp,
Jr., Senior District Judge. (5:07-cv-00145-FPS-JES)

Submitted:

April 15, 2011

Decided:

May 26, 2011

Before TRAXLER, Chief Judge, and KING and DIAZ, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Appeal: 09-2164

Document: 33

Date Filed: 05/26/2011

Page: 2 of 3

Owen Franklin Silvious, Appellant Pro Se.
Daniel Todd Booth,
BOOTH & MCCARTHY, Bridgeport, West Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

2

Appeal: 09-2164

Document: 33

Date Filed: 05/26/2011

Page: 3 of 3

PER CURIAM:
Owen
order

Franklin

accepting

the

Silvious

appeals

recommendation

of

the
the

district

court’s

magistrate

judge,

granting summary judgment in favor of Defendant, and granting
the motion to strike Silvious’ surreply.

Silvious also appeals

the denial of his post-judgment motion for additional findings,
filed pursuant to Fed. R. Civ. P. 52(b).

Following our grant of

rehearing, we have reviewed the record and find no reversible
error.

Accordingly, we affirm for the reasons stated by the

district court.

Silvious v. AFNI, Inc., No. 5:07-cv-00145-FPS-

JES (N.D. W. Va. Aug. 3, 2009; Sept. 4, 2009).

We dispense with

oral

contentions

argument

adequately

because

presented

in

the
the

facts

and

materials

legal
before

the

court

are
and

argument would not aid the decisional process.
AFFIRMED

3