David Atkins v. Donald Farley, No. 12-7510 (4th Cir. 2013)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-7510 DAVID ATKINS, Plaintiff - Appellant, v. DONALD F. FARLEY, Sheriff; K. SEARS, Classification Officer; SHANK, Classification Officer; STEVEN SHORTELL, LT.; KATHRYN SCHWARTZ, RN, Head Nurse, Defendants - Appellees. Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Glen E. Conrad, Chief District Judge. (7:11-cv-00592-GEC-RSB) Submitted: January 15, 2013 Decided: February 1, 2013 Before DAVIS, KEENAN, and FLOYD, Circuit Judges. Affirmed by unpublished per curiam opinion. David Atkins, Appellant Pro Se. Carlene Booth Johnson, PERRY LAW FIRM, PC, Dillwyn, Virginia; Wade Travis Anderson, Kevin Osborne Barnard, FRITH, ANDERSON & PEAKE, PC, Roanoke, Virginia, for Appellees. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: David granting the Atkins motion appeals for the judgment on district the court s pleadings order filed by Defendant Schwartz, granting the motion to dismiss for failure to state a claim filed by Defendants Farley, Sears, Shank, and Shortell, and denying civil rights action. reversible error. relief on his 42 U.S.C. § 1983 (2006) We have reviewed the record and find no Accordingly, we grant leave to proceed in forma pauperis and affirm for the reasons stated by the district court. Atkins v. Farley, No. 7:11-cv-00592-GEC-RSB (W.D. Va. Aug. 3, 2012). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process. AFFIRMED 2

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