Joseph Gibbs v. Jon Ozmint

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 3:08-cv-03955-PMD Copies to all parties and the district court/agency. [998560557]. Mailed to: Joseph Gibbs. [10-7189]

Case: 10-7189

Document: 16

Date Filed: 04/05/2011

Page: 1

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 10-7189

JOSEPH HUGO GIBBS,
Plaintiff – Appellant,
v.
JON E. OZMINT, as the Director of SCDC, et al.; RESPONDEAT
SUPERIOR,
Defendants – Appellees.

Appeal from the United States District Court for the District of
South Carolina, at Columbia.
Patrick Michael Duffy, Senior
District Judge. (3:08-cv-03955-PMD)

Submitted:

March 31, 2011

Decided:

April 5, 2011

Before NIEMEYER, SHEDD, and AGEE, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Joseph Hugo
DAVIDSON &
Appellees.

Gibbs, Appellant Pro Se.
LINDEMANN, PA, Columbia,

James M. Davis, Jr.,
South Carolina, for

Unpublished opinions are not binding precedent in this circuit.

Case: 10-7189

Document: 16

Date Filed: 04/05/2011

Page: 2

PER CURIAM:
Joseph Hugo Gibbs appeals the district court’s orders
accepting

the

recommendations

of

the

magistrate

judge

and

denying Gibbs’ motion to remand to state court and dismissing
Gibbs’ 42 U.S.C. § 1983 (2006) complaint.

Additionally, Gibbs

appeals the district court’s margin order denying his motion for
rehearing, but granting in part his motion to amend judgment to
reflect

dismissal

without

prejudice.

record and find no reversible error.

We

have

reviewed

the

Accordingly, we affirm for

the reasons stated by the district court.

Gibbs v. Ozmint, No.

3:08-cv-03955-PMD (D.S.C. Aug. 5, 2009; July 26, 2010; filed
Aug. 5, 2010 & entered Aug. 6, 2010).

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

2