Cecil Simmons v. Director Ozmint, No. 09-8249 (4th Cir. 2010)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-8249 CECIL SIMMONS, Plaintiff Appellant, v. DIRECTOR OZMINT; CAPTAIN Officer; MR. BURTT, BRIHART; DEBORAH ROWE, Hearing Defendants Appellees. Appeal from the United States District Court for the District of South Carolina, at Greenville. R. Bryan Harwell, District Judge. (6:08-cv-00860-RBH) Submitted: May 20, 2010 Decided: May 25, 2010 Before WILKINSON, NIEMEYER, and DAVIS, Circuit Judges. Affirmed by unpublished per curiam opinion. Cecil Simmons, Appellant Pro Se. William Henry Davidson, II, Matthew Blaine Rosbrugh, DAVIDSON, MORRISON & LINDEMANN, PA, Columbia, South Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Cecil Simmons 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 have Accordingly, we deny Simmons s motion for appointment of counsel and affirm for the reasons stated by the district court. Simmons v. Ozmint, No. 6:08-cv-00860-RBH (D.S.C. Dec. 4, 2009). 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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