Cecil Simmons v. Director Ozmint

Filing 920100122

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-7906

CECIL SIMMONS, a/k/a Cecil Allen Simmons, Plaintiff - Appellant, v. DIRECTOR OZMINT; CAPTAIN Officer; MR. BURTT, BRIHART; DEBORAH ROWE, Hearing

Defendants - Appellees.

Appeal from the United States District Court for the District of South Carolina, at Greenville. R. Bryan Harwell, District Judge. (6:08-cv-00860-RBH)

Submitted:

January 14, 2010

Decided:

January 22, 2010

Before MOTZ, GREGORY, and SHEDD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Cecil Simmons, Appellant Pro Se. William Henry Davidson, II, Matthew Blaine Rosbrugh, DAVIDSON & LINDEMANN, PA, Columbia, South Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Cecil Simmons seeks to appeal the district court's

order accepting the recommendation of the magistrate judge and denying Simmons, relief who on filed his a 42 U.S.C. for § 1983 (2006) complaint. with the

motion

reconsideration

district court pursuant to Fed. R. Civ. P. 59(e) prior to filing his notice of appeal, requests only that this court remand the case to the district court so he may re-file objections to the magistrate judge's report and recommendation after his initial objections were destroyed in the mail. However, the district

court has granted Simmons's motion and given him the opportunity to file his objections. moot. legal before Accordingly, we dismiss the appeal as

We dispense with oral argument because the facts and contentions the court are and adequately argument presented not in aid the the materials decisional

would

process. DISMISSED

2