Johnnie Gathers v. Department of Correctional, No. 09-7743 (4th Cir. 2010)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-7743 JOHNNIE GATHERS, Plaintiff - Appellant, v. DEPARTMENT OF CORRECTIONAL; LIEUTENANT BRAYBOY; SERGEANT HEYWARD; SERGEANT JONES; OFFICER MORRIS, all sued in their individual capacity, Defendants - Appellees. Appeal from the United States District Court for the District of South Carolina, at Beaufort. Henry M. Herlong, Jr., Senior District Judge. (9:09-cv-00035-HMH) Submitted: December 17, 2009 Decided: January 7, 2010 Before WILKINSON, NIEMEYER, and AGEE, Circuit Judges. Affirmed by unpublished per curiam opinion. Johnnie Gathers, Appellant Pro Se. Bradford Cary Andrews, Samuel F. Arthur, III, AIKEN, BRIDGES, NUNN, ELLIOTT & TYLER, PA, Florence, South Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Johnnie Gathers appeals the district court s order accepting the recommendation of the magistrate judge and denying relief on his 42 U.S.C. § 1983 (2006) complaint. reviewed the record and find no reversible error. we affirm for the reasons stated by the We have Accordingly, district court. Gathers v. Dep t of Corr., No. 9:09-cv-00035-HMH (D.S.C. Sept. 2, 2009). We deny Gathers motion for injunctive relief and his default motion taken against defendants. oral argument adequately because presented in the the facts and materials We dispense with legal before contentions the court are and argument would not aid the decisional process. AFFIRMED 2

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