Billy Trembley v. Officer Davis, No. 08-6258 (4th Cir. 2008)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-6258 BILLY REID TREMBLEY, Plaintiff - Appellant, v. OFFICER DAVIS, Jail Officer; OFFICER WOODS, Jail Officer, Defendants - Appellees. Appeal from the United States District Court for the Middle District of North Carolina, at Durham. William L. Osteen, Jr., District Judge. (1:07-cv-00853-WO-WWD) Submitted: September 11, 2008 Decided: September 16, 2008 Before WILKINSON and NIEMEYER, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Billy Reid Trembley, Appellant Pro Se. Daniel Edwin DeCicco, TEMPLETON & RAYNOR, Charlotte, North Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Billy Reid Trembley appeals the district court s order accepting the recommendation of the magistrate judge and denying relief on his 42 U.S.C. ยง 1983 (2000) complaint. the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. No. 1:07-cv-00853-WO-WWD (M.D.N.C. Jan. We have reviewed 31, Trembley v. Davis, 2008). We deny Appellees pending motion to dismiss and amended motion to dismiss as moot and dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. AFFIRMED 2

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