Gene Smith, Sr. v. Roger Hunt, No. 08-2100 (4th Cir. 2009)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-2100 GENE E. SMITH, SR., an incompetent person, Plaintiff Appellant, and IDA M. CLARK, Guardian for Gene E. Smith, Sr., Party-in-Interest, v. ROGER L. HUNT, individually; JAMES C. MAHAN, individually; LAWRENCE R. LEAVITT, individually; JOY GARNER, individually; JULIE GIESBRECHT, individually; LANCE WILSON, individually; ATC VANCOM INC, d/b/a ATC Van Deraa; BYRON E. THOMAS; JAMES N. FOSTER, JR.; DANIEL G. FRITZ, Defendants Appellees. Appeal from the United States District Court for the District of South Carolina, at Charleston. Patrick Michael Duffy, District Judge. (2:08-cv-02068) Submitted: December 17, 2008 Decided: Before MOTZ, TRAXLER, and AGEE, Circuit Judges. Affirmed by unpublished per curiam opinion. January 5, 2009 Gene E. Smith, Sr., Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. 2 PER CURIAM: Gene E. Smith, Sr., appeals the district court s order accepting the recommendation of the magistrate judge and denying relief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). We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. Smith 2008). We dispense with oral argument because the facts and legal before v. contentions the process. court Smith s Hunt, No. 2:08-cv-02068 are adequately and argument motion for presented would not (D.S.C. in aid reconsideration the the and Sept. 15, materials decisional motion for appointment of counsel are denied. AFFIRMED 3

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