Steven Goodman v. D. Everett

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion for stay pending appeal [998483103-2]; terminating Motion transfer case [998298055-3]; denying Motion to appoint/assign counsel [998188038-3]; granting Motion to amend/correct [998245180-2] Originating case number: 3:06-cv-00849-RLW Copies to all parties and the district court/agency. [998620759]. Mailed to: Steven Wayne Goodman. [09-7384]

Appeal: 09-7384

Document: 29

Date Filed: 06/28/2011

Page: 1 of 3

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 09-7384

STEVEN WAYNE GOODMAN,
Plaintiff – Appellant,
v.
D. B. EVERETT, Warden, SIISP; D. ROBINSON, Regional
Director, Eastern District of the DOC; GENE JOHNSON,
Director of the DOC; K. BASSETT, Warden, Keen Mountain
Correctional Center; PIXLEY, Assistant Warden, SIISP; MR.
PHELPS,
Correctional
Officer,
KMCC;
R.
SANDIFER,
Institutional Ombudsman, KMCC; JOHN/JANE DOE, Regional
Ombudsman, Western Region of the DOC; K. PICKEREL,
Assistant Warden, KMCC; L. HUFFMAN, Regional Director,
Western Region of the DOC; G. ROBINSON, Manager, Ombudsman
Services United for the DOC; JOHN JABE, Deputy Director of
the DOC; HAYES, Institutional Investigator, SIISP; C.
HARRIS,
Housing
Unit
Manager
and
Institutional
Classification Authority-Special Housing Unit; J. HARRIS,
Treatment Programs Supervisor; OFFICER GILMORE, Chief
Security, SIISP; JOHN/JANE DOE, #2, Central Classification
Services for the DOC; G. BASS, Manager, Offender Management
Services; OFFICER BARBOUR, Office Service Specialist,
SIISP; MASSENBURG, Institutional Ombudsman, SIISP; W.
ROLLINS, Operations Officer, SIISP; G. SIVELS, Regional
Ombudsman Eastern Region of the DOC; NICHOLS, Psychologist,
SIISP; RIVERS, Psychologist, SIISP; GENERAL, Psychiatrist,
SIISP; L. STANDFORD, Employee of Prison Health Services and
Health Service Administrator at SIISP; S. TAYLOR, Employee
of Prison Health Services and Director of Nursing at SIISP;
K. WATSON, Director of Audits and Regulation Compliance for
Prison
Health
Services;
C.
COUTHER,
Regional
Nurse
Administrator, Eastern Region of the DOC,
Defendants - Appellees.

Appeal: 09-7384

Document: 29

Date Filed: 06/28/2011

Page: 2 of 3

Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. Richard L. Williams, Senior
District Judge. (3:06-cv-00849-RLW)

Submitted:

April 29, 2011

Decided:

June 28, 2011

Before KING, DUNCAN, and AGEE, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Steven Wayne Goodman, Appellant Pro Se. Mark R. Davis, Assistant
Attorney General, Richmond, Virginia, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

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Appeal: 09-7384

Document: 29

Date Filed: 06/28/2011

Page: 3 of 3

PER CURIAM:
Steven Wayne Goodman appeals from the district court’s
orders

granting

motion

for

motions.
record,

summary

reconsideration,

to

and

Defendants,

denying

his

denying

his

miscellaneous

We have reviewed the district court’s rulings, the
and

Goodman’s

reversible error.
by

judgment

the

claims

on

appeal,

and

we

find

no

Accordingly, we affirm for the reasons stated

district

court.

Goodman

v.

Everett,

No.

3:06-cv-00849-RLW (E.D. Va. Sept. 30, 2008; May 1, May 13 & June
18, 2009).
We also note that, while Goodman filed a Fed. R. Civ.
P.

56(d)

affidavit

seeking

discovery

prior

to

a

ruling

on

Defendants’ summary judgment motion, Goodman’s motion failed to
show that discovery would develop evidence crucial to material
issues before the court.

See Program Eng’g, Inc. v. Triangle

Publ’ns, Inc., 634 F.2d 1188, 1193 (9th Cir. 1980) (discussing
prior version of Rule 56).
in denying the motion.
appointment
informal
facts

We deny Goodman’s motions for a stay and

counsel,

brief.

and

materials

of

legal
before

We

Thus, the district court did not err

and

grant

dispense

his

motion

with

oral

argument

contentions

are

adequately

the

and

argument

court

to

amend

his

because

the

presented

would

not

in

the

aid

the

decisional process.
AFFIRMED
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