Johnathan Simmons v. John Vickers, No. 12-7846 (4th Cir. 2012)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-7846 JOHNATHAN SIMMONS, a/k/a Jonathan Dale Simmons, Plaintiff - Appellant, v. JOHN VICKERS; MICHAEL NAJJAR; WARDEN MCCALL; OFFICER SMITH, et al, Defendants - Appellees. No. 12-7848 JONATHAN DALE SIMMONS, Plaintiff - Appellant, v. SCDC; JOHN VICKERS; MICHAEL NAJJAR; WARDEN MCCALL; OFFICER SMITH, Defendants - Appellees. Appeals from the United States District Court for the District of South Carolina, at Aiken. Terry L. Wooten, District Judge. (1:09-cv-00653-TLW; 1:09-cv-00858-TLW) Submitted: December 20, 2012 Decided: December 27, 2012 Before KING and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Jonathan Dale Simmons, Appellant Pro Se. James Victor McDade, DOYLE, O ROURKE, TATE & MCDADE, PA, Anderson, South Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. 2 PER CURIAM: Jonathan Simmons appeals the district court s order denying as untimely his motion to alter or amend the court s order awarding the Defendants summary judgment on his 42 U.S.C. § 1983 (2006) complaint. no reversible error. We have reviewed the record and find Accordingly, we affirm for the reasons stated by the district court. Simmons v. Vickers, No. 1:09-cv- 00653-TLW; Simmons v. S.C. Dep t of Corr., No. 1:09-cv-00858-TLW (D.S.C. Oct. 3; Oct. 2 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 3

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