Robert Lattimore v. Michael Garrett

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to appoint/assign counsel [999491995-2]; denying Motion for other relief [999598893-2], denying Motion for other relief [999620468-2] Originating case number: 5:12-ct-03146-F Copies to all parties and the district court/agency. [999626008]. Mailed to: Robert Miller Lattimore MAURY CORRECTIONAL INSTITUTION P. O. Box 506 Maury, NC 28554-0000. [14-7581]

Appeal: 14-7581

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Filed: 07/23/2015

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 14-7581

ROBERT MILLER LATTIMORE,
Plaintiff - Appellant,
v.
MICHAEL A. GARRETT,
Defendant - Appellee.

Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
James C. Fox, Senior
District Judge. (5:12-ct-03146-F)

Submitted:

February 25, 2015

Decided:

July 23, 2015

Before MOTZ, GREGORY, and KEENAN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Robert Miller Lattimore, Appellant Pro Se.
Joseph Finarelli,
Assistant Attorney General, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 14-7581

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Filed: 07/23/2015

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PER CURIAM:
Robert Miller Lattimore appeals the district court’s order
denying relief in his 42 U.S.C. § 1983 (2012) action.
reviewed the record and find no reversible error.

We have

Following a

bench trial, this court may reverse a district court’s factual
findings only if they are clearly erroneous. Roanoke Cement Co. v.
Falk Corp., 413 F.3d 431, 433 (4th Cir. 2005).

“[W]hen a district

court’s factual finding in a bench trial is based upon assessments
of witness credibility, such finding is deserving of the highest
degree of appellate deference.”

Evergreen Int’l, S.A. v. Norfolk

Dredging Co., 531 F.3d 302, 308 (4th Cir. 2008) (citation and
internal quotation marks omitted).

Because the district court’s

factual findings, made based on its assessement of the credibility
of the witnesses, are not clearly erroneous, we affirm those
findings and the judgment in favor of the defendant.
Accordingly, we deny Lattimore’s motions for appointment of
counsel and to review the transcript, and his motion to show the
North Carolina Department of Public Safety violated the sexual
violence elimination policy.
judgment.

We affirm the district court’s

We dispense with oral argument because the facts and

legal contentions are adequately presented in the material before
this court and argument will not aid the decisional process.
AFFIRMED

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