Cecil Simmons v. Director Ozmint

Filing 920100525

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-8249

CECIL 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:

May 20, 2010

Decided:

May 25, 2010

Before WILKINSON, NIEMEYER, and DAVIS, Circuit Judges.

Affirmed by unpublished per curiam opinion.

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

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Cecil Simmons 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 deny Simmons's motion for appointment of counsel and affirm for the reasons stated by the district court. Simmons v.

Ozmint, No. 6:08-cv-00860-RBH (D.S.C. Dec. 4, 2009). We dispense 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

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