Eric Houston v. Terry O'Brien

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 5:11-cv-00052-FPS-JSK Copies to all parties and the district court/agency. [998694272]. Mailed to: Eric Houston. [11-6829]

Appeal: 11-6829

Document: 12

Date Filed: 10/05/2011

Page: 1 of 2

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 11-6829

ERIC HOUSTON,
Plaintiff - Appellant,
v.
TERRY O'BRIEN, Warden; CAPTAIN GILMORE; CHEATUM, Assistant
Warden; HOLZAFPHEL, Lt.; FANNING; J. IRVIN; T. DIAMOND;
KRAMER; JOHN DOE; J. SQUARES; J. HARTER,
Defendants - Appellees.

Appeal from the United States District Court for the Northern
District of West Virginia, at Wheeling.
Frederick P. Stamp,
Jr., Senior District Judge. (5:11-cv-00052-FPS-JSK)

Submitted:

September 29, 2011

Decided:

October 5, 2011

Before KING, GREGORY, and DUNCAN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Eric Houston, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 11-6829

Document: 12

Date Filed: 10/05/2011

Page: 2 of 2

PER CURIAM:
Eric

Houston

appeals

the

district

court’s

order

dismissing his complaint filed pursuant to Bivens v. Six Unknown
Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971),
without prejudice for failure to prosecute.
the record and find no reversible error.
for

the

reasons

stated

by

the

district

We have reviewed

Accordingly, we affirm
court.

Houston

v.

O’Brien, No. 5:11-cv-00052-FPS-JSK (N.D.W. Va. June 17, 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

2