Eric McMillian v. NC Central Prison, No. 13-6535 (4th Cir. 2013)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-6535 ERIC M. MCMILLIAN, Plaintiff - Appellant, v. NC CENTRAL PRISON; J.D. CHURCH; LIEUTENANT PANTER; SERGEANT JASPER; OFFICER HENDERSON; OFFICER MORRISON; DIETICIAN AT CENTRAL PRISON, Defendants - Appellees. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Louise W. Flanagan, District Judge. (5:10-ct-03037-FL) Submitted: July 18, 2013 Decided: July 23, 2013 Before WILKINSON, MOTZ, and SHEDD, Circuit Judges. Affirmed by unpublished per curiam opinion. Eric M. McMillian, Appellant Pro Se. Joseph Finarelli, Assistant Attorney General, Raleigh, North Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Eric M. McMillian appeals from three orders that the district court entered in his 42 U.S.C. ยง 1983 (2006) action: (1) the January 4, 2012 order granting two Defendants summary judgment; (2) the September 7, 2012 order denying McMillian s first motion for reconsideration of the January 4 order; and (3) the March 19, judgment 2013 and order denying granting another McMillian s Defendant second reconsideration of the January 4 order. record and find no reversible error. summary motion for We have reviewed the Accordingly, although we grant leave to proceed in forma pauperis, we affirm for the reasons stated by the district court in these various orders. See McMillian v. N.C. Central Prison, No. 5:10-ct-03037-FL (E.D.N.C. Jan. 4, 2012, Sept. 7, 2012, & Mar. 19, 2013). dispense with contentions are oral argument adequately because presented in the the facts We and legal materials before this court and argument would not aid the decisional process. AFFIRMED 2

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