Fred Douty v. David Ballard

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UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 2:13-cv-24714. Copies to all parties and the district court/agency. [999645757]. Mailed to: Fred Douty. [15-6484]

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Appeal: 15-6484 Doc: 11 Filed: 08/24/2015 Pg: 1 of 3 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-6484 FRED D. DOUTY, Plaintiff - Appellant, v. DAVID BALLARD, Warden, Mt. Olive Correctional Complex; PAUL PERRY, Associate Warden of Security, Mt. Olive Correctional Complex; STEVE CAUDILL, Captain, Mt. Olive Correctional Complex; RONNIE WILLIAMS, Captain, Mt. Olive Correctional Complex; CHRIS BLAKE, Principal, Mt. Olive Correctional Complex; JAMES PENNINGTON, Educational Instructor, Mt. Olive Correctional Complex; and; MIKE CLEMENS, Case Manager, Mt. Olive Correctional Complex; are sued in their individual and official capacities, Defendants - Appellees. Appeal from the United States District Court for the Southern District of West Virginia, at Charleston. John T. Copenhaver, Jr., District Judge. (2:13-cv-24714) Submitted: August 20, 2015 Decided: August 24, 2015 Before DUNCAN, KEENAN, and WYNN, Circuit Judges. Affirmed by unpublished per curiam opinion. Fred D. Douty, Appellant Pro Se. John Herbert Boothroyd, WEST VIRGINIA DIVISION OF CORRECTIONS, Charleston, West Virginia; Greg S. Foster, Assistant Attorney General, Charleston, West Appeal: 15-6484 Doc: 11 Filed: 08/24/2015 Pg: 2 of 3 Virginia, for Appellees. Unpublished opinions are not binding precedent in this circuit. 2 Appeal: 15-6484 Doc: 11 Filed: 08/24/2015 Pg: 3 of 3 PER CURIAM: Fred D. Douty appeals the district court’s order accepting the recommendation of the magistrate judge and denying relief on his 42 U.S.C. § 1983 (2012) complaint and denying Douty’s motion to amend his amended complaint. find no reversible error. We have reviewed the record and Accordingly, reasons stated by the district court. 2:13-cv-24714 (S.D.W. Va. Mar. 18, 2015). we affirm for the Douty v. Ballard, No. 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 3

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