Christopher Ellerbe v. Billy Weaver

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UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to appoint/assign counsel [998981257-2] Originating case number: 3:10-cv-00130-RJC Copies to all parties and the district court/agency. [999050146]. Mailed to: appellant. [12-7717]

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Appeal: 12-7717 Doc: 18 Filed: 02/25/2013 Pg: 1 of 3 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-7717 CHRISTOPHER D. ELLERBE, Plaintiff – Appellant, v. DENNIS MARSHALL, Assistant Unit Manager; BILLY JEAN WEAVER, Disciplinary Hearing Officer; HEH, Corrections Officer; NICHOLSON, Corrections Officer; PRESSLEY, Corrections Officer; BENNETT, Corrections Officer; NANCE, Corrections Officer; TRIPLETT, Corrections Officer; STURDIVANT, Corrections Officer; STANBACK, Corrections Officer; GADDY, Corrections Officer; CAMPBELL, Nurse; EAVES, Nurse; HARRIS, Nurse; HINKEL, Nurse; KEVIN T. KING, Assistant Superintendent; SANTA LUCIA, Nurse, Defendants – Appellees, and BOYD BENNETT, Director of Prisons, N.C. Department of Corrections; E. D. WALLACE, Grievance Examiner; RICK JACKSON, Superintendent; KORY DALRYMPLE, Assistant Superintendent; JERLINE BENNETT, Program Director I; GLENN KINNEY, Assistant Unit Manager; GOODWIN, Corrections Officer; WYATT, Corrections Officer; MARSDEN, Corrections Officer; ZIMMERMAN, Corrections Officer; STEVENS, Nurse; NORTH CAROLINA PRISONER LEGAL SERVICES, INC., Defendants. Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Robert J. Conrad, Jr., Chief District Judge. (3:10-cv-00130-RJC) Appeal: 12-7717 Doc: 18 Submitted: Filed: 02/25/2013 Pg: 2 of 3 February 21, 2013 Before AGEE and Circuit Judge. DAVIS, Decided: February 25, 2013 Circuit Judges, and HAMILTON, Senior Affirmed by unpublished per curiam opinion. Christopher D. Ellerbe, Appellant Pro Se. Lisa Yvette Harper, Assistant Attorney General, Raleigh, North Carolina; Mary Margaret Dillon, ELLIS & WINTERS, LLP, Cary, North Carolina; Molly M. Shah, Jerry Howard Walters, Jr., LITTLER MENDELSON PC, Charlotte, North Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. 2 Appeal: 12-7717 Doc: 18 Filed: 02/25/2013 Pg: 3 of 3 PER CURIAM: Christopher D. Ellerbe appeals the district court’s order denying relief on his 42 U.S.C. § 1983 (2006) complaint. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. Ellerbe Sept. 20, v. 2012). In appoint counsel. facts and materials legal before Weaver, No. addition, 3:10-cv-00130-RJC we deny Ellerbe’s (W.D.N.C. motion to We dispense with oral argument because the contentions are adequately this and argument court presented would not in the aid the decisional process. AFFIRMED 3

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