Johnathan Simmons v. John Vicker

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:09-cv-00653-TLW Copies to all parties and the district court/agency. [999010681]. Mailed to: Simmons. [12-7846, 12-7848]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 12-7846

JOHNATHAN SIMMONS, a/k/a Jonathan Dale Simmons,
Plaintiff - Appellant,
v.
JOHN VICKERS; MICHAEL NAJJAR; WARDEN MCCALL; OFFICER SMITH,
et al,
Defendants - Appellees.

No. 12-7848

JONATHAN DALE SIMMONS,
Plaintiff - Appellant,
v.
SCDC; JOHN VICKERS; MICHAEL NAJJAR; WARDEN MCCALL; OFFICER
SMITH,
Defendants - Appellees.

Appeals from the United States District Court for the District
of South Carolina, at Aiken.
Terry L. Wooten, District Judge.
(1:09-cv-00653-TLW; 1:09-cv-00858-TLW)

Submitted:

December 20, 2012

Decided:

December 27, 2012

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Before KING and DUNCAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.

Affirmed by unpublished per curiam opinion.

Jonathan Dale Simmons, Appellant Pro Se.
James Victor McDade,
DOYLE, O’ROURKE, TATE & MCDADE, PA, Anderson, South Carolina,
for Appellees.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Jonathan

Simmons

appeals

the

district

court’s

order

denying as untimely his motion to alter or amend the court’s
order awarding the Defendants summary judgment on his 42 U.S.C.
§ 1983 (2006) complaint.
no reversible error.

We have reviewed the record and find

Accordingly, we affirm for the reasons

stated by the district court.

Simmons v. Vickers, No. 1:09-cv-

00653-TLW; Simmons v. S.C. Dep’t of Corr., No. 1:09-cv-00858-TLW
(D.S.C. Oct. 3; Oct. 2 2012).

We dispense with oral argument

because the facts and legal contentions are adequately presented
in the materials before this court and argument would not aid
the decisional process.

AFFIRMED

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