Clarence Small v. Warden Willie L. Eagleton


UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 2:16-cv-02553-HMH Copies to all parties and the district court/agency. [1000177492]. Mailed to: Clarence Small BROAD RIVER CORRECTIONAL INSTITUTION 4460 Broad River Road Columbia, SC 29210-0000. [17-6761]

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Appeal: 17-6761 Doc: 14 Filed: 10/20/2017 Pg: 1 of 2 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 17-6761 CLARENCE SMALL, Plaintiff - Appellant, v. WARDEN WILLIE L. EAGLETON, Official Capacity; OFFICER BRADSHER; OFFICER SHAW, all sued in their individual capacity, Defendants - Appellees. Appeal from the United States District Court for the District of South Carolina, at Charleston. Henry M. Herlong, Jr., Senior District Judge. (2:16-cv-02553-HMH) Submitted: October 17, 2017 Decided: October 20, 2017 Before FLOYD and HARRIS, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Clarence Small, Appellant Pro Se. James M. Davis, Jr., DAVIDSON & LINDEMANN, PA, Columbia, South Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. Appeal: 17-6761 Doc: 14 Filed: 10/20/2017 Pg: 2 of 2 PER CURIAM: Clarence Small appeals the district court’s order accepting the recommendation of the magistrate judge and granting summary judgment in favor of Appellees in Small’s 42 U.S.C. § 1983 (2012) action. On appeal, we confine our review to the issues raised in Small’s informal brief. See 4th Cir. R. 34(b); Jackson v. Lightsey, 775 F.3d 170, 177 (4th Cir. 2014). Although we conclude that Small’s objections to the magistrate judge’s report were sufficient to preserve appellate review, see Martin v. Duffy, 858 F.3d 239, 245-46 (4th Cir. 2017), we have reviewed the record and find no reversible error. Accordingly, we affirm substantially for the reasons stated by the district court. Small v. Eagleton, No. 2:16-cv-02553-HMH (D.S.C. May 31, 2017). 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 2

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