Marshall Mitchell v. Mildred Rivera

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion for recusal [999760568-2]. Originating case number: 4:13-cv-01949-TMC. Copies to all parties and the district court. [999836891]. Mailed to: Marshall Mitchell. [15-7702]

Appeal: 15-7702

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Filed: 05/31/2016

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-7702

MARSHALL LEE MITCHELL,
Plaintiff - Appellant,
v.
MILDRED RIVERA, Warden; SEAN ASHLINE, FS Adm; DOCTOR REED;
DOCTOR ENEJE; NURSE RAINWATER,
Defendants - Appellees.

Appeal from the United States District Court for the District of
South Carolina, at Florence.
Timothy M. Cain, District Judge.
(4:13-cv-01949-TMC)

Submitted:

May 26, 2016

Decided:

May 31, 2016

Before TRAXLER, Chief Judge, and NIEMEYER and FLOYD, Circuit
Judges.

Affirmed by unpublished per curiam opinion.

Marshall Lee Mitchell, Appellant
Bowens, Assistant United States
Carolina, for Appellees.

Pro Se.
Attorney,

Barbara Murcier
Columbia, South

Unpublished opinions are not binding precedent in this circuit.

Appeal: 15-7702

Doc: 23

Filed: 05/31/2016

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PER CURIAM:
Marshall Lee Mitchell appeals the district court’s order
denying his Fed. R. Civ. P. 60(b)(3) motion for reconsideration
of the district court’s July 3, 2014 order dismissing Mitchell’s
Bivens * action against Defendants.

Mitchell has also filed a

motion asking that all Judges of this court recuse themselves
from

his

appeal.

reversible error.
order.

have

reviewed

the

record

and

find

no

Accordingly, we affirm the district court’s

Mitchell v. Rivera, No. 4:13-cv-01949-TMC (D.S.C. Oct.

13, 2015).
dispense

We

We also deny Mitchell’s motion for recusal.

with

contentions

are

oral

argument

adequately

because

presented

in

the
the

facts

We

and

legal

materials

before

this court and argument would not aid the decisional process.

AFFIRMED

*

Bivens v. Six Unknown Named Agents of Fed. Bureau of
Narcotics, 403 U.S. 388 (1971).

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