Esperanza Guerrero v. David Moore, No. 12-2373 (4th Cir. 2013)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-2373 ESPERANZA GUERRERO, Plaintiff Appellant, and JUAN GUERRERO; JJG, MUNGUIA; KG, Minor, Minor; MG, Minor; JG, Minor; MARIA Plaintiffs, v. DAVID L. MOORE, in his official and individual capacity, Defendant Appellee, and CHARLIE T. DEANE, in his official capacity; LUIS POTES, in his official and individual capacity; ADAM HURLEY, in his official and individual capacity; DOES 1-6, in their official and individual capacities; ROES 1-5, in their official and individual capacities; PRINCE WILLIAM COUNTY POLICE DEPARTMENT; PRINCE WILLIAM COUNTY; MATTHEW CAPLAN, in his official and individual capacity; KAREN MUELHAUSER, in her official and individual capacity; DOES 1-5, in their official and individual capacities, Defendants. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. James C. Cacheris, Senior District Judge. (1:09-cv-01313-JCC-TRJ) Submitted: March 21, 2013 Decided: April 2, 2013 Before MOTZ, KEENAN, and WYNN, Circuit Judges. Affirmed by unpublished per curiam opinion. Esperanza Guerrero, Appellant Pro Se. Jeffrey Notz, Mary Alice Rowan, COUNTY ATTORNEY S OFFICE, Prince William, Virginia, for Appellees. Unpublished opinions are not binding precedent in this circuit. 2 PER CURIAM: Esperanza Guerrero appeals the district court s summary judgment order disposing of all but one of her various claims, and challenges supporting the jury s remaining claim. judgment, this judgment order As court de the sufficiency verdict for for the novo, the viewing the Defendant claims reviews of Moore disposed facts of on that on summary court s district the evidence summary and reasonable inferences in the light most favorable to the nonmoving party. Bonds v. Leavitt, 629 F.3d 369, 380 (4th Cir. 2011). Summary judgment is appropriate where the movant shows that there is no genuine issue of material fact judgment as a matter of law. reviewed the record and and that it is entitled Fed. R. Civ. P. 56(a). find no error on the to We have part of the district court. As for the claim decided by the jury, this court authority is without to review the sufficiency of the evidence supporting the jury s verdict, in light of Guerrero s failure to raise an appropriate post-verdict motion district court pursuant to Fed. R. Civ. P. 50, 59. Food Sys., Inc. v. Swift-Eckrich, Inc., 546 U.S. in the Unitherm 394, 404 (2006); A Helping Hand, LLC v. Balt. Cnty., 515 F.3d 356, 369-70 (4th Cir. 2008). Accordingly, we grant leave to proceed in forma pauperis, and affirm both the district court s order and the 3 jury s facts verdict. and materials legal before We dispense with oral argument contentions are adequately this and argument court because presented would not the in the aid the decisional process. AFFIRMED 4