Marvin X. Damon v. Bart Masters

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UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:14-cv-26833 Copies to all parties and the district court/agency. [999788596]. Mailed to: Marvin Jerome Damon FCI HAZELTON FEDERAL CORRECTIONAL INSTITUTION P. O. Box 5000 Bruceton Mills, WV 26525. [15-7619]

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Appeal: 15-7619 Doc: 34 Filed: 04/05/2016 Pg: 1 of 3 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-7619 MARVIN X. DAMON, Plaintiff - Appellant, v. BART MASTERS, Warden; JOHN BOWLING, Food Administrator; J. TABOR, Assistant Food Administrator; JOHN BOYD, Food Service Employee, Service Service Defendants - Appellees. -------------------------------------RODERICK AND SOLANGE MACARTHUR JUSTICE CENTER; AMERICAN CIVIL LIBERTIES UNION; ACLU OF WEST VIRGINIA FOUNDATION, Amici Supporting Appellant. Appeal from the United States District Court for the Southern District of West Virginia, at Bluefield. David A. Faber, Senior District Judge. (1:14-cv-26833) Submitted: March 31, 2016 Decided: April 5, 2016 Before MOTZ, SHEDD, and AGEE, Circuit Judges. Affirmed by unpublished per curiam opinion. Marvin X. Damon, Appellant Pro Se. Stephen Michael Horn, Assistant United States Attorney, Charleston, West Virginia, for Appellees. David M. Shapiro, RODERICK AND SOLANGE MACARTHUR Appeal: 15-7619 Doc: 34 Filed: 04/05/2016 Pg: 2 of 3 JUSTICE CENTER, Chicago, Illinois; David C. Fathi, AMERICAN CIVIL LIBERTIES UNION, Washington, D.C.; Jamie Lynn Crofts, ACLU OF WEST VIRGINIA FOUNDATION, Charleston, West Virginia, for Amici Supporting Appellant. Unpublished opinions are not binding precedent in this circuit. 2 Appeal: 15-7619 Doc: 34 Filed: 04/05/2016 Pg: 3 of 3 PER CURIAM: Marvin Jerome Damon appeals the district court’s order accepting the recommendation of the magistrate judge and denying relief on his complaint filed pursuant to Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971), and the magistrate judge’s order denying discovery. reviewed the record and find no reversible error. We have Accordingly, we affirm for the reasons stated by the district court. Damon v. Masters, No. 1:14-cv-26833 (S.D. W. Va. Aug. 25, 2015; Sept. 18, 2015). legal before We dispense with oral argument because the facts and contentions this court are adequately and argument presented would not in aid the the materials decisional process. AFFIRMED 3

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