1Starr Dalton v. WV Division of Corrections

Filing 920100127

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-7693

1STARR DALTON, Plaintiff ­ Appellant, v. WEST VIRGINIA DIVISION OF CORRECTIONS; DAVID BALLARD, Warden; JIM RUBENSTEIN; BRIAN GREENWOOD; ADAM CAYTON, Correctional Officer II; NATE KENDRICK, Corporal; CURTIS DIXON, Sergeant, Defendants ­ Appellees.

Appeal from the United States District Court for the Southern District of West Virginia, at Charleston. Joseph R. Goodwin, Chief District Judge. (2:08-cv-01153)

Submitted:

January 19, 2010

Decided:

January 27, 2010

Before NIEMEYER, KING, and DAVIS, Circuit Judges.

Affirmed as modified by unpublished per curiam opinion.

1Starr Dalton, Appellant Pro Se. Christopher James Sears, SHUMAN, MCCUSKEY & SLICER, PLLC, Charleston, West Virginia, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: 1Starr Dalton appeals the district court's order

accepting the recommendation of the magistrate judge and denying relief on his 42 U.S.C. § 1983 (2006) complaint. We have

reviewed the record and find no reversible error.

Accordingly,

we modify the dismissal of the action to be without prejudice and affirm for the reasons stated by the district court.

Dalton v. W. Va. Div. of Corr., No. 2:08-cv-01153 (S.D.W. Va. Aug. 25, 2009). facts and legal before We dispense with oral argument because the contentions the court are and adequately argument presented not in aid the the

materials

would

decisional process. AFFIRMED AS MODIFIED

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