Franklin Reaves v. Mullins Police Dept

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 4:08-cv-01818-TLW-SVH Copies to all parties and the district court/agency. [998624804]. Mailed to: Donald N. Reaves, Franklin C. Reaves, Henry O. Reaves, Vastena Reaves. [11-1459, 11-1461]

Appeal: 11-1459

Document: 37

Date Filed: 07/05/2011

Page: 1 of 4

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 11-1459

REVEREND FRANKLIN C. REAVES;
REAVES; HENRY O. REAVES,

VASTENA

REAVES;

DONALD

N.

Plaintiffs - Appellants,
v.
MULLINS POLICE DEPARTMENT, City of; 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.,
individually and in his official capacity as member of
Mullins City Council; GEORGE HARDWICK, individually and in
his official capacity as City Administrator for City of
Mullins; 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
Council;
ELISTA
H.
SMITH,
individually and in her official capacity as member of
Marion County Council; KENT WILLIAMS, individually and in
his
official
capacity
as
member
of
Marion
County
Administrator; K. DONALD FLING, individually and in his
official capacity as Marion County Code Enforcement Officer;
RUSSELL BASS, individually and in his official capacity as
Chief of City of Mullins Police Department; EDWIN ROGERS,

Appeal: 11-1459

Document: 37

Date Filed: 07/05/2011

Page: 2 of 4

individually and in his official capacity as City of Mullins
Planner,
Defendants - Appellees.

No. 11-1461

REVEREND FRANKLIN C. REAVES,
Situated;
VASTENA
REAVES,
Situated,

PHd And All Others Similarly
And
All
Others
Similarly

Plaintiffs – Appellants,
and
DONALD N. REAVES,
Appellant,
v.
ROBERT STETSON, individually and in his official capacity as
Fire Chief and Building Inspector for City of Mullins; DANNY
GARDNER, individually and in his official capacity as Marion
County Employee; DENNIS FLOYD, individually and in his
official capacity as Marion County Employee; DONALD BRYANT,
individually and in his official capacity as Marion County
Employee; MICHAEL CROUCH, individually and in his official
capacity
as
Marion
County
Employee;
LAYFAYETT
REED,
individually and in his official capacity as Marion County
Employee; MULLINS, City of; MARION COUNTY,
Defendants - Appellees.

Appeals from the United States District Court for the District
of South Carolina, at Florence.
Terry L. Wooten, District
Judge. (4:08-cv-01818-TLW-SVH; 4:09-cv-00816-TLW-SVH)

Submitted:

June 30, 2011

Decided:

2

July 5, 2011

Appeal: 11-1459

Document: 37

Date Filed: 07/05/2011

Page: 3 of 4

Before WILKINSON, DUNCAN, and WYNN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Franklin C. Reaves, Vastena Reaves, Donald N. Reaves, and Henry
O. Reaves, Appellants Pro Se.
Douglas Charles 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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Appeal: 11-1459

Document: 37

Date Filed: 07/05/2011

Page: 4 of 4

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

court’s

recommendations

Defendants.
the

order

district

declining
that

to

accept

attorney’s

fees

the
be

magistrate
awarded

to

In their informal brief, Appellants fail to address
court’s

ruling

on

attorney’s

fees.

Therefore,

Appellants have forfeited appellate review of that issue.

See

4th

the

Cir.

R.

34(b)

(limiting

review

to

issues

raised

in

informal brief); see also Edwards v. City of Goldsboro, 178 F.3d
231, 241 n.6 (4th Cir. 1999) (finding failure to raise issue in
opening

brief

constituted

Accordingly, we affirm. *

abandonment

of

that

issue).

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

*

To the extent that Appellants also seek review of the
district court’s orders accepting the recommendations of the
magistrate judge and denying relief on their civil complaints as
well as denying their subsequent motions for reconsideration, we
conclude that any appeal from these orders is untimely.
See
Fed. R. App. P. 4(a)(1).

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