Hurst v. State Farm Mutual Automobile I, No. 08-2223 (4th Cir. 2009)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-2223 JERRY A. HURST, Plaintiff - Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant - Appellee. Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Glen E. Conrad, District Judge. (7:05-cv-00776-gec) Submitted: April 23, 2009 Decided: April 29, 2009 Before MICHAEL and DUNCAN, Circuit Judges. * Affirmed as modified by unpublished per curiam opinion. Jerry A. Hurst, Appellant Pro Se. Maxwell Huddleston Wiegard, GENTRY, LOCKE, RAKES & MOORE, Roanoke, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. * The opinion is filed by a quorum of the panel pursuant to 28 U.S.C. § 46(d) (2006). PER CURIAM: Jerry A. Hurst appeals from the district court s orders: (1) denying relief on his claims of fraud, conspiracy to commit fraud, and intentional infliction of emotional distress; (2) accepting the recommendation of the magistrate judge and granting Automobile summary judgment Insurance in Company favor on of his State claims Farm of Mutual breach of contract; and (3) denying his motions for reconsideration of those orders. reversible We error. have reviewed Accordingly, we the deny record and Hurst s find motion no for transcripts at government expense and affirm for the reasons stated by the district court. Hurst v. State Farm Mut. Auto. Ins. Co., No. 7:05-cv-00776-gec (W.D. Va. filed Mar. 23, 2007 entered March 26, 2007; Aug. 6, 2007; Sept, 26, 2008; filed Nov. 21, 2008 entered Nov. 25, 2008;). However, because the district court addressed the claims on the merits, we modify the district court s September 26, 2008 order to reflect that the dismissal is with prejudice. facts and materials legal before We dispense with oral argument because the contentions are adequately the and argument court presented would not in the aid the decisional process. AFFIRMED AS MODIFIED 2

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