Reverend Reaves v. City of Mullin

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 4:07-cv-01487-TLW-TER Copies to all parties and the district court/agency. [998559411]. Mailed to: Amanda Evans, Donald Reaves, Franklin Reaves, Freddy Reaves, Henry Reaves, Hercules Reaves, Valeria Reaves, Vastena Reaves. [10-1806, 10-1973]

Case: 10-1806

Document: 42

Date Filed: 04/04/2011

Page: 1

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 10-1806

REVEREND FRANKLIN C. REAVES, PhD; VASTENA REAVES; DONALD N.
REAVES; HENRY O. REAVES; AMANDA EVANS; VALERIA REAVES
MARTIN; HERCULES W. REAVES; FREDDY L. REAVES,
Plaintiffs - Appellants,
and
KATHY J. REAVES,
Plaintiff,
v.
CITY OF MULLINS; MARION COUNTY; W. KENNETH MCDONALD,
individually and in his official capacity as Mayor; TERRY B.
STRICKLAND, individually and in his official capacity as
member of Mullins City Council; JO A. SANDERS, individually
and in her official capacity as member of Mullins City
Council; JAMES W. ARMSTRONG, individually and in his
official capacity as member of Mullins City Council;
PATRICIA A. PHILLIPS, individually and in her official
capacity as member of Mullins City Council; D. WAYNE
COLLINS, individually and in his official capacity as member
of Mullins City Council; DANIEL B. SHELLEY, JR.; GEORGE
HARDWICK, individually and in his official capacity as City
Administrator for City of Mullins; EDWIN P. ROGERS,
individually and in his official capacity as Marion County
Administrator; K. DONALD FLING, individually and in his
official capacity as Marion County Code Enforcement Officer;
JOHN Q. ATKINSON, individually and in his official capacity
as member of Marion County Council; ELOISE W. ROGERS,
individually and in her official capacity as member of
Marion County Council; TOM SHAW, individually and in his
official capacity as member of Marion County Council; ALLEN
FLOYD, individually and in his official capacity as member
of Marion County Council; MILTON TROY, individually and in
his official capacity as member of Marion County Council;

Case: 10-1806

Document: 42

Date Filed: 04/04/2011

Page: 2

PEARLY BRITT, individually and in his official capacity as
member of Marion County; ELISTA H. SMITH, individually and
in her official capacity as member of Marion County Council;
CITY
OF
MULLINS
POLICE
DEPARTMENT;
RUSSELL
BASS,
individually and in his official capacity as Chief of City
of Mullins Police Department; VICKIE NICHOLS, individually
and in her official capacity,
Defendants – Appellees,
and
STATE OF SOUTH CAROLINA,
Defendant.

No. 10-1973

REVEREND FRANKLIN C. REAVES, PhD; VASTENA REAVES; DONALD N.
REAVES; HENRY O. REAVES; AMANDA EVANS; VALERIA REAVES
MARTIN; HERCULES W. REAVES; FREDDY L. REAVES,
Plaintiffs – Appellants,
and
KATHY J. REAVES,
Plaintiff,
v.
CITY OF MULLINS; MARION COUNTY; W. KENNETH MCDONALD,
individually and in his official capacity as Mayor; TERRY B.
STRICKLAND, individually and in his official capacity as
member of Mullins City Council; JO A. SANDERS, individually
and in her official capacity as member of Mullins City
Council; JAMES W. ARMSTRONG, individually and in his
official capacity as member of Mullins City Council;
PATRICIA A. PHILLIPS, individually and in her official
capacity as member of Mullins City Council; D. WAYNE
COLLINS, individually and in his official capacity as member
of Mullins City Council; DANIEL B. SHELLEY, JR.; GEORGE
HARDWICK, individually and in his official capacity as City
2

Case: 10-1806

Document: 42

Date Filed: 04/04/2011

Page: 3

Administrator for City of Mullins; EDWIN P. ROGERS,
individually and in his official capacity as Marion County
Administrator; K. DONALD FLING, individually and in his
official capacity as Marion County Code Enforcement Officer;
JOHN Q. ATKINSON, individually and in his official capacity
as member of Marion County Council; ELOISE W. ROGERS,
individually and in her official capacity as member of
Marion County Council; TOM SHAW, individually and in his
official capacity as member of Marion County Council; ALLEN
FLOYD, individually and in his official capacity as member
of Marion County Council; MILTON TROY, individually and in
his official capacity as member of Marion County Council;
PEARLY BRITT, individually and in his official capacity as
member of Marion County; ELISTA H. SMITH, individually and
in her official capacity as member of Marion County Council;
CITY
OF
MULLINS
POLICE
DEPARTMENT;
RUSSELL
BASS,
individually and in his official capacity as Chief of City
of Mullins Police Department; VICKIE NICHOLS, individually
and in her official capacity,
Defendants – Appellees,
and
STATE OF SOUTH CAROLINA,
Defendant.

Appeals from the United States District Court for the District
of South Carolina, at Florence.
Terry L. Wooten, District
Judge. (4:07-cv-01487-TLW-TER)

Submitted:

March 31, 2011

Decided:

April 4, 2011

Before NIEMEYER, SHEDD, and AGEE, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Franklin C. Reaves, Vastena Reaves, Donald N. Reaves, Henry O.
Reaves, Amanda Evans, Valeria Reaves Martin, Hercules W. Reaves,
and Freddy L. Reaves, Appellants Pro Se.
Douglas Charles
3

Case: 10-1806

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Date Filed: 04/04/2011

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Baxter, RICHARDSON, PLOWDEN & ROBINSON, PA, Myrtle Beach, South
Carolina; Robert Thomas King, WILLCOX BUYCK & WILLIAMS, PA,
Florence, South Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

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Case: 10-1806

Document: 42

Date Filed: 04/04/2011

Page: 5

PER CURIAM:
In these consolidated appeals, Appellants appeal the
district

court’s

orders

accepting

the

recommendations

of

the

magistrate judge and denying relief on their civil action and
denying

their

subsequent

reconsideration.

Fed.

R.

Civ.

P.

60(b)

motion

for

Appellants also appeal the magistrate judge’s

order denying their Fed. R. Civ. P. 59(e) motion to reconsider
the order granting sanctions to Appellees.

In their informal

briefs, Appellants fail to address the dispositive issues in the
case.

Therefore, Appellants have forfeited appellate review of

those issues.

See 4th Cir. R. 34(b) (limiting review to issues

raised

informal

in

the

Goldsboro,

178

F.3d

brief);

231,

241

see
n.6

also
(4th

Edwards
Cir.

v.

1999)

City

of

(finding

failure to raise issue in opening brief constituted abandonment
of that issue).

Accordingly, we affirm.

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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