Miguel Delgado v. David Ballard, No. 12-6360 (4th Cir. 2012)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-6360 MIGUEL ANGEL DELGADO, Plaintiff - Appellant, v. DAVID BALLARD; CLARENCE J. RIDER; JAMES MCCLOUD; CHARLENE SOTAK, Sued in their Official and Individual capacity, 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-01252) Submitted: November 2, 2012 Decided: November 7, 2012 Before WILKINSON, KEENAN, and THACKER, Circuit Judges. Affirmed by unpublished per curiam opinion. Miguel Angel Delgado, Appellant Pro Se. Dwayne Edward Cyrus, Jason Eric Wandling, SHUMAN, MCCUSKEY & SLICER, PLLC, Charleston, West Virginia, for Appellees. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Miguel Angel Delgado 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. have reviewed the record and find no reversible We error. Accordingly, we deny his motion for appointment of counsel and affirm for the reasons stated by the district court. Ballard, No. dispense with 2:09-cv-01252 oral (S.D.W. argument Va. because Feb. the Delgado v. 10, 2012). facts and We 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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