Kevin McDaniels v. US, No. 09-6265 (4th Cir. 2009)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-6265 KEVIN WAYNE MCDANIELS, Plaintiff Appellant, v. UNITED STATES OF AMERICA; UNITED STATES DEPARTMENT OF JUSTICE; UNITED STATES MARSHAL SERVICE FOR THE DISTRICT OF SOUTH CAROLINA; UNITED STATES MARSHAL JOHNNY MACK BROWN; UNITED STATES MARSHAL PATRICK PRUITT; UNITED STATES MARSHAL RICK KELLEY; UNITED STATES MARSHAL JOHN DOE, served in their individual and official capacities, Defendants - Appellees. Appeal from the United States District Court for the District of South Carolina, at Florence. Terry L. Wooten, District Judge. (4:07-cv-03386-TLW) Submitted: June 22, 2009 Before TRAXLER, Judges. Chief Judge, Decided: and MICHAEL and July 24, 2009 SHEDD, Circuit Affirmed by unpublished per curiam opinion. Kevin Wayne McDaniels, Appellant Pro Se. Beth Drake, Assistant United States Attorney, Columbia, South Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Kevin Wayne McDaniels 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), and the Federal Tort Claims Act, 28 U.S.C. ยงยง 2671 2680 (2006). error. We have reviewed the record and find no reversible Accordingly, we deny McDaniels s motions for appointment of counsel, injunctive relief, default judgment, and production of documents, and affirm the judgment of the district court. McDaniels v. United States, No. 4:07-cv-03386-TLW (D.S.C. Jan. 28, 2009). legal before 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 2

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