Peter Burke, Sr. v. Officer Judge, No. 10-6215 (4th Cir. 2010)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-6215 PETER BURKE, SR., Plaintiff - Appellant, v. OFFICER JAMES JUDGE; OFFICER GARY BRAY, Defendants Appellees, and CAPTAIN DAVID OWENS; DOCTOR TOLSON; NURSE GEORGIA; JUDGE BEAMON, Defendants. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Louise W. Flanagan, Chief District Judge. (5:07-ct-03162-FL) Submitted: November 18, 2010 Before SHEDD and Circuit Judge. AGEE, Circuit Decided: Judges, and November 29, 2010 HAMILTON, Senior Affirmed by unpublished per curiam opinion. Peter Burke, Sr., Appellant Pro Se. Louis Phillip Hornthal, III, HORNTHAL, RILEY, ELLIS & MALAND, LLP, Elizabeth City, North Carolina; Craig Douglas Cannon, James R Morgan, Jr., WOMBLE, CARLYLE, SANDRIDGE & RICE, PLLC, Winston-Salem, North Carolina; Walter Gregory Merritt, Jay C. Salsman, HARRIS, CREECH, WARD & BLACKERBY, New Bern, North Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. 2 PER CURIAM: Peter Burke, Sr., appeals the district court s order granting summary judgment in favor of the dismissing his U.S.C. § 1983 (2006) complaint. the record and find no reversible error. Defendants and We have reviewed Accordingly, we affirm for the reasons stated by the district court. Burke v. Owens, No. 5:07-ct-03162-FL (W.D.N.C. Jan. 29, 2010). 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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