James Scott v. Albert Pearson

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 0:12-cv-01538-BHH. Copies to all parties and the district court/agency. [999650726]. Mailed to: James Darnell Scott. [15-6365]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-6365

JAMES DARNELL SCOTT,
Plaintiff – Appellant,
v.
ALBERT PEARSON, Responsible Authority over South Carolina
Dept of Corrections Special Investigation Unit; JANNITA
GASTON,
South
Carolina
Dept
of
Correction
State
Classification; WILLIAM BYARS, South Carolina Department of
Corrections Director; WARDEN ANTHONY PADULA; ASSOCIATE
WARDEN MARGARET BELL; ASSOCIATE WARDEN JOHN BROOKS; MAJOR
JAMES
DEAN;
MS.
REAMES,
Institution
Classification
Chairperson,
Defendants - Appellees.

Appeal from the United States District Court for the District of
South Carolina, at Rock Hill.
Bruce H. Hendricks, District
Judge. (0:12-cv-01538-BHH)

Submitted:

July 30, 2015

Decided:

August 31, 2015

Before KEENAN, WYNN, and DIAZ, Circuit Judges.

Vacated and remanded by unpublished per curiam opinion.

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

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Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
James

Darnell

Scott

appeals

the

district

court’s

order

adopting the report and recommendation of the magistrate judge
and granting summary judgment to Defendants in his 42 U.S.C.
§ 1983
Incumaa

(2012)
v.

action.

Stirling,

In
__

light

F.3d

__,

of

our

2015

recent

WL

decision

3973822

(4th

in

Cir.

July 1, 2015), we vacate the district court’s order and remand
for further proceedings consistent with Incumaa.

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.

VACATED AND REMANDED

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