Michael Allen, Jr. v. George Gillenwater, No. 12-2121 (4th Cir. 2013)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-2121 MICHAEL A. ALLEN, JR.; SHEILA JONES, Plaintiffs Appellants, v. GEORGE GILLENWATER; JEREMY JONES; D. E. YOUNG; DET. TUNSTALL; WILLIAM KELLY; G. A. HARRIS; ROBERT VOORHEES, Defendants - Appellees. Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. Catherine C. Eagles, District Judge. (1:10-cv-00359-CCE-JEP) Submitted: February 22, 2013 Decided: March 28, 2013 Before WILKINSON, DIAZ, and FLOYD, Circuit Judges. Affirmed by unpublished per curiam opinion. Michael A. Allen, Jr., Sheila Jones, Appellants Pro Se. Kari Russwurm Johnson, CRANFILL, SUMNER & HARTZOG, LLP, Raleigh, North Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Appellants appeal the district court s order granting summary judgment on their Fourth Amendment claims raised under 42 U.S.C. defamation ยง 1983 (2006) claim. reversible error. * We have and Appellant reviewed the Allen s record state and law find no Accordingly, we affirm substantially for the reasons stated by the district court. 1:10-cv-00359-CCE-JEP (M.D.N.C. Allen v. Gillenwater, No. Aug. 15, 2012). We deny Appellants motion for appointment of counsel. We dispense with oral legal contentions are before this and argument adequately because presented in the the facts and materials court argument would not aid the decisional process. AFFIRMED * Although Appellants allege that Appellees improperly withheld discovery materials from them, we find no basis in the record to support this assertion. Insofar as Appellants seek to introduce new documents and request previously-unavailable records from a criminal case, we must decline to consider these materials. See Fed. R. App. P. 10 (defining record on appeal and grounds for supplementation); United States v. Hussein, 478 F.3d 318, 335-36 (6th Cir. 2007) (recognizing that supplementation of record is intended to correct omissions from or misstatements in the record for appeal, not to introduce new evidence in the court of appeals ). 2