Jotham Simmons v. Jeremiah Beam
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 4:15-cv-03401-RBH Copies to all parties and the district court/agency. . Mailed to: J Simmons. [16-7054]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
Plaintiff - Appellant,
JEREMIAH BEAM; H. ERIC COHOON; THE CITY OF MYRTLE BEACH,
Defendants - Appellees.
Appeal from the United States District Court for the District of South Carolina, at Florence.
R. Bryan Harwell, District Judge. (4:15-cv-03401-RBH)
Submitted: March 28, 2017
Before TRAXLER, WYNN, and DIAZ, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Jotham Simmons, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
Decided: April 17, 2017
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Jotham Simmons, a federal inmate, appeals the district court’s order accepting the
recommendation of the magistrate judge and dismissing without prejudice his complaint
brought pursuant to 42 U.S.C. § 1983 (2012) and Bivens v. Six Unknown Named Agents of
Federal Bureau of Narcotics, 403 U.S. 388, 394-95 (1971). * We have reviewed the record
and find no reversible error. Accordingly, we affirm for the reasons stated by the district
court. Simmons v. Beam, No. 4:15-cv-03401-RBH (D.S.C. July 28, 2016). 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.
We have jurisdiction over the appeal because Simmons cannot cure by mere
amendment the defect identified in his complaint. See Goode v. Cent. Va. Legal Aid Soc’y,
Inc., 807 F.3d 619, 623-24 (4th Cir. 2015) (discussing Domino Sugar Corp. v. Sugar
Workers Local Union 392, 10 F.3d 1064, 1066-67 (4th Cir. 1993)).
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