Cory Simpson v. Officer Kapeluck, No. 10-6740 (4th Cir. 2010)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-6740 CORY ANTHONY SIMPSON, Plaintiff - Appellant, v. OFFICER KAPELUCK; C. J. HOWELL, Officer, Defendants - Appellees. Appeal from the United States District Court for the Southern District of West Virginia, at Charleston. John T. Copenhaver, Jr., District Judge. (2:09-cv-00021) Submitted: November 18, 2010 Before SHEDD and Circuit Judge. AGEE, Circuit Decided: Judges, and November 30, 2010 HAMILTON, Senior Affirmed by unpublished per curiam opinion. Cory Anthony Simpson, Appellant Pro Se. Michael Deering Mullins, STEPTOE & JOHNSON, L.L.P., Charleston, West Virginia, for Appellees. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Cory Anthony Simpson appeals the district court s order declining to accept the magistrate judge s recommendation to dismiss his 42 U.S.C. § 1983 (2006) complaint for failure to prosecute, and granting Defendants motion for summary judgment on the merits of the action. find no reversible error. We have reviewed the record and Accordingly, reasons stated by the district court. 2:09-cv-00021 (S.D.W. Va. May 14, we argument adequately because presented in the the facts for the Simpson v. Kapeluck, No. 2010). Simpson s motion for appointment of counsel. oral affirm and materials We further deny We dispense with legal before contentions the court are and argument would not aid the decisional process. AFFIRMED 2

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