Franklin Reaves v. Mark Richardson

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 4:09-cv-00820-TLW-SVH Copies to all parties and the district court/agency. [998838546]. Mailed to: Franklin Reaves. [11-2339]

Appeal: 11-2339

Document: 20

Date Filed: 04/24/2012

Page: 1 of 3

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-2339
FRANKLIN C. REAVES, Reverend, PhD,
Plaintiff – Appellant,
v.
MARK RICHARDSON, Individually and in his official capacity
as Sheriff of Marion County; ALBERT WOODBURY, Individually
and in his official capacity as Deputy Sheriff of Marion
County; LEVON NICHOLS, Individually and in his official
capacity as Sheriff of Marion County; BOBBY L. CRAWFORD,
Individually and in his official capacity as Deputy Sheriff
of
Marion
County;
TIM
HARPER,
Individually
and
as
Administrator of Marion County; WILLIE D. REAVES; CITY OF
MARION; TOWN OF SELLERS; HYBERT N. STRICKLAND, Individually
and in her official capacity; DONNA OWENS, Individually and
in her official capacity; C. SMITH, Individually and in his
official capacity as deputy sheriff of Marion County,
Defendants - Appellees,
and
SHERRY RHODES, individually and in her official capacity as
Marion County Clerk of Court; JERRY VINSON, Individually
and in his official capacity as Family Court Judge; MARION
COUNTY SHERIFF'S DEPARTMENT; MARION COUNTY JAIL; WILLIAM
YOUNG, Individually and in his official capacity as Family
Court Judge; LUVENIA WRIGHT, Mayor of Town of Sellers;
BOBBY GERALD, Mayor of City of Marion; SOUTH CAROLINA
DEPARTMENT OF SOCIAL SERVICES,
Defendants.

Appeal: 11-2339

Document: 20

Date Filed: 04/24/2012

Page: 2 of 3

Appeal from the United States District Court for the District of
South Carolina, at Florence.
Terry L. Wooten, District Judge.
(4:09-cv-00820-TLW-SVH)
Submitted:

April 19, 2012

Decided:

April 24, 2012

Before NIEMEYER, SHEDD, and FLOYD, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Franklin C. Reaves, Appellant Pro Se.
Robert Thomas King,
WILLCOX BUYCK & WILLIAMS, PA, Florence, South Carolina; Douglas
Charles Baxter, RICHARDSON, PLOWDEN & ROBINSON, PA, Myrtle
Beach, South Carolina; Michelle Parsons Kelley, RICHARDSON,
PLOWDEN & ROBINSON, PA, Columbia, South Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit.

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Appeal: 11-2339

Document: 20

Date Filed: 04/24/2012

Page: 3 of 3

PER CURIAM:
Franklin C. Reaves appeals the district court’s order
denying his motions for a stay and to alter or amend the court’s
prior order accepting the recommendation of the magistrate judge
and dismissing his 42 U.S.C. § 1983 (2006) civil rights action*
and accepting the recommendation of the magistrate judge and
granting

the

Defendants.
error.

motions

for

attorney’s

fees

filed

by

several

We have reviewed the record and find no reversible

Accordingly, we affirm for the reasons stated by the

district court.

Reaves v. Richardson, No. 4:09-cv-00820-TLW-SVH

(D.S.C. Nov. 3, 2011).

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

*

Because Reaves filed his motion for reconsideration of the
court’s
order
dismissing
his
§ 1983
action
within
the
twenty-eight-day time limit for motions under Fed. R. Civ. P.
59(e), we treat the motion as a Rule 59(e) motion to alter or
amend judgment.
Katyle v. Penn Nat’l Gaming, Inc., 637 F.3d
462, 471 n.4 (4th Cir.), cert. denied, 132 S. Ct. 115 (2011).

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