Stuart Tompkins v. David Mitchell, No. 09-7224 (4th Cir. 2010)

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This opinion or order relates to an opinion or order originally issued on March 4, 2010.

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-7224 STUART WAYNE TOMPKINS, Plaintiff - Appellant, v. DAVID MITCHELL, Superintendent, Defendant - Appellee. Appeal from the United States District Court for the Western District of North Carolina, at Asheville. Graham C. Mullen, Senior District Judge. (1:08-cv-00322-GCM) Submitted: October 1, 2010 Decided: October 25, 2010 Before WILKINSON, GREGORY, and SHEDD, Circuit Judges. Affirmed by unpublished per curiam opinion. Stuart Wayne Tompkins, Appellant Pro Se. Assistant Attorney General, Raleigh, Appellee. Yvonne Bulluck Ricci, North Carolina, for Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Stuart Wayne Tompkins appeals the district court s order denying relief on his 42 U.S.C. ยง 1983 (2006) complaint. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. Tompkins v. Mitchell, No. 1:08-cv-00322-GCM (W.D.N.C. Apr. 14, 2009). Tompkins motions for default judgment, for a temporary restraining order or preliminary injunction, and for appointment of counsel are denied. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. AFFIRMED 2
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