Owen Silvious v. AFNI, Incorporated, No. 09-2164 (4th Cir. 2011)

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This opinion or order relates to an opinion or order originally issued on March 4, 2011.

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ON REHEARING UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-2164 OWEN FRANKLIN SILVIOUS, Plaintiff Appellant, v. AFNI, INCORPORATED, Defendant Appellee, and MIDLAND CREDIT MANAGEMENT INCORPORATED; ENCORE CAPITAL GROUP, INCORPORATED; ACCOUNT SERVICES; APPLIED CARD BANK; CREDIGY RECEIVABLES, INCORPORATED; CREDIT ONE BANK; LTD FINANCIAL SERVICES, LP, Defendants. Appeal from the United States District Court for the Northern District of West Virginia, at Wheeling. Frederick P. Stamp, Jr., Senior District Judge. (5:07-cv-00145-FPS-JES) Submitted: April 15, 2011 Decided: May 26, 2011 Before TRAXLER, Chief Judge, and KING and DIAZ, Circuit Judges. Affirmed by unpublished per curiam opinion. Owen Franklin Silvious, Appellant Pro Se. Daniel Todd Booth, BOOTH & MCCARTHY, Bridgeport, West Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. 2 PER CURIAM: Owen order Franklin accepting the Silvious appeals recommendation of the the district court s magistrate judge, granting summary judgment in favor of Defendant, and granting the motion to strike Silvious surreply. Silvious also appeals the denial of his post-judgment motion for additional findings, filed pursuant to Fed. R. Civ. P. 52(b). Following our grant of rehearing, we have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. Silvious v. AFNI, Inc., No. 5:07-cv-00145-FPS- JES (N.D. W. Va. Aug. 3, 2009; Sept. 4, 2009). We dispense with oral contentions argument adequately because presented in the the facts and materials legal before the court are and argument would not aid the decisional process. AFFIRMED 3

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