Steven Goodman v. D. Everett, No. 09-7384 (4th Cir. 2011)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-7384 STEVEN WAYNE GOODMAN, Plaintiff Appellant, v. D. B. EVERETT, Warden, SIISP; D. ROBINSON, Regional Director, Eastern District of the DOC; GENE JOHNSON, Director of the DOC; K. BASSETT, Warden, Keen Mountain Correctional Center; PIXLEY, Assistant Warden, SIISP; MR. PHELPS, Correctional Officer, KMCC; R. SANDIFER, Institutional Ombudsman, KMCC; JOHN/JANE DOE, Regional Ombudsman, Western Region of the DOC; K. PICKEREL, Assistant Warden, KMCC; L. HUFFMAN, Regional Director, Western Region of the DOC; G. ROBINSON, Manager, Ombudsman Services United for the DOC; JOHN JABE, Deputy Director of the DOC; HAYES, Institutional Investigator, SIISP; C. HARRIS, Housing Unit Manager and Institutional Classification Authority-Special Housing Unit; J. HARRIS, Treatment Programs Supervisor; OFFICER GILMORE, Chief Security, SIISP; JOHN/JANE DOE, #2, Central Classification Services for the DOC; G. BASS, Manager, Offender Management Services; OFFICER BARBOUR, Office Service Specialist, SIISP; MASSENBURG, Institutional Ombudsman, SIISP; W. ROLLINS, Operations Officer, SIISP; G. SIVELS, Regional Ombudsman Eastern Region of the DOC; NICHOLS, Psychologist, SIISP; RIVERS, Psychologist, SIISP; GENERAL, Psychiatrist, SIISP; L. STANDFORD, Employee of Prison Health Services and Health Service Administrator at SIISP; S. TAYLOR, Employee of Prison Health Services and Director of Nursing at SIISP; K. WATSON, Director of Audits and Regulation Compliance for Prison Health Services; C. COUTHER, Regional Nurse Administrator, Eastern Region of the DOC, Defendants - Appellees. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Richard L. Williams, Senior District Judge. (3:06-cv-00849-RLW) Submitted: April 29, 2011 Decided: June 28, 2011 Before KING, DUNCAN, and AGEE, Circuit Judges. Affirmed by unpublished per curiam opinion. Steven Wayne Goodman, Appellant Pro Se. Mark R. Davis, Assistant Attorney General, Richmond, Virginia, for Appellees. Unpublished opinions are not binding precedent in this circuit. 2 PER CURIAM: Steven Wayne Goodman appeals from the district court s orders granting motion for motions. record, summary reconsideration, to and Defendants, denying his denying his miscellaneous We have reviewed the district court s rulings, the and Goodman s reversible error. by judgment the claims on appeal, and we find no Accordingly, we affirm for the reasons stated district court. Goodman v. Everett, No. 3:06-cv-00849-RLW (E.D. Va. Sept. 30, 2008; May 1, May 13 & June 18, 2009). We also note that, while Goodman filed a Fed. R. Civ. P. 56(d) affidavit seeking discovery prior to a ruling on Defendants summary judgment motion, Goodman s motion failed to show that discovery would develop evidence crucial to material issues before the court. See Program Eng g, Inc. v. Triangle Publ ns, Inc., 634 F.2d 1188, 1193 (9th Cir. 1980) (discussing prior version of Rule 56). in denying the motion. appointment informal facts We deny Goodman s motions for a stay and counsel, brief. and materials of legal before We Thus, the district court did not err and grant dispense his motion with oral argument contentions are adequately the and argument court to amend his because the presented would not in the aid the decisional process. AFFIRMED 3
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