Andrew Wenmoth v. Ovid Duncan, Jr., No. 09-7750 (4th Cir. 2010)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on December 22, 2009.
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ON REHEARING UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-7750 ANDREW D. WENMOTH, Plaintiff - Appellant, v. OVID WESLEY DUNCAN, JR., Librarian; LARRY MCBRIDE, Correctional Officer II; KENNY AIKENS, Correctional Hearing Officer; DIANA ROBIN MILLER, Associate Warden of Programs; TERESA WAID, Warden; JIM RUBENSTEIN, Commissioner; CHARLENE SOTAK, Inmate Grievance Coordinator, Defendants - Appellees. No. 09-7826 ANDREW D. WENMOTH, Plaintiff - Appellant, v. OVID WESLEY DUNCAN, JR., Librarian; LARRY MCBRIDE, Correctional Officer II; KENNY AIKENS, Correctional Hearing Officer; DIANA ROBIN MILLER, Associate Warden of Programs; TERESA WAID, Warden; JIM RUBENSTEIN, Commissioner; CHARLENE SOTAK, Inmate Grievance Coordinator, Defendants - Appellees. No. 10-6073 ANDREW D. WENMOTH, Plaintiff - Appellant, v. OVID WESLEY DUNCAN, JR., Librarian; LARRY MCBRIDE, Correctional Officer II; KENNY AIKENS, Correctional Hearing Officer; DIANA ROBIN MILLER, Associate Warden of Programs; TERESA WAID, Warden; JIM RUBENSTEIN, Commissioner; CHARLENE SOTAK, Inmate Grievance Coordinator, Defendants - Appellees. Appeals from the United States District Court for the Northern District of West Virginia, at Martinsburg. John Preston Bailey, Chief District Judge. (3:08-cv-00182-JPB-JSK) Submitted: May 13, 2010 Decided: June 9, 2010 Before DUNCAN and DAVIS, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Andrew D. Wenmoth, Appellant Pro Se. Thomas E. Buck, April Joy Wheeler, BAILEY & WYANT, PLLC, Wheeling, West Virginia, for Appellees. Unpublished opinions are not binding precedent in this circuit. 2 PER CURIAM: In these consolidated appeals, Andrew D. Wenmoth appeals the district court s orders accepting the recommendation of the magistrate judge and denying relief on his 42 U.S.C. ยง 1983 (2006) complaint. no reversible error. We have reviewed the record and find Accordingly, we deny Wenmoth s motion for appointment of counsel and affirm for the reasons stated by the district court. Wenmoth v. Duncan, No. 3:08-cv-00182-JPB-JSK (N.D. W. Va. Aug. 26, 2009 & Dec. 18, 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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