Waldo Fenner v. Bill Bell, No. 09-2348 (4th Cir. 2010)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-2348 WALDO FENNER, Plaintiff - Appellant, v. BILL BELL, Mayor; PATRICK BAKER; STEVEN W. CHALMERS; RONALD HODGE; LEE RUSS; STEPHEN MIHAICH; BEV COUNCIL; JEFF LAMB; R. H. SHEPHERD; B. D. REITZ; TIMOTHY STANHOPE; M. K. BOND; LAWRENCE CAMPBELL; MRS. SHANNON TUCKER; MRS. DANIEL BRUNO; MICHAEL S. FERGUSON; ORLANDO HUDSON, Judge; PAYNE, Magistrate; T. A. DREW, Magistrate; ANTHONY MOSS; DR. OXLEY, Chief Executive Officer; RENEE GORBY; ELAINE BUSHFAN, Chief Justice; TRACEY E. CLINE; MICHAEL NIFONG, Defendants - Appellees. Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. Thomas David Schroeder, District Judge. (1:08-cv-00367-TDS-DPD) Submitted: April 22, 2010 Decided: April 26, 2010 Before TRAXLER, Chief Judge, and KING and AGEE, Circuit Judges. Affirmed by unpublished per curiam opinion. Waldo Fenner, Appellant Pro Se. Kimberly Martin Grantham, CITY ATTORNEY S OFFICE, Durham, North Carolina; David John Adinolfi, II, Special Deputy Attorney General, Raleigh, North Carolina; Harold Franklin Askins, Dorothy Powers, NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. 2 PER CURIAM: Waldo accepting the modified, and Fenner appeals recommendation dismissing the of his district the civil court s magistrate rights we affirm Fenner v. 2009). legal before for the reasons stated by Bell, No. 1:08-cv-00367-TDS-DPD judge, action. reviewed the record and find no reversible error. the order We as have Accordingly, district (M.D.N.C. court. Nov. 13, We dispense with oral argument because the facts and contentions the court are adequately and argument presented would not in aid the the materials decisional process. AFFIRMED 3

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