Doyle Ham, Jr. v. Department of Public Safety, No. 14-1146 (4th Cir. 2014)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-1146 DOYLE R. HAM, JR., Plaintiff - Appellant, v. DEPARTMENT OF PUBLIC SOLOMON HEJIRIKA, SAFETY AND CORRECTIONAL SERVICES; Defendants - Appellees. Appeal from the United States District Court for the District of Maryland, at Baltimore. James K. Bredar, District Judge. (1:13-cv-01761-JKB) Submitted: May 22, 2014 Before TRAXLER, Circuit Judges. Chief Decided: Judge, and HAMILTON and June 17, 2014 DAVIS, Senior Affirmed by unpublished per curiam opinion. Doyle R. Ham, Jr., Appellant Pro Se. Michael O Connor Doyle, Assistant Attorney General, Baltimore, Maryland; Judith Ann Barr, OFFICE OF THE ATTORNEY GENERAL OF MARYLAND, Pikesville, Maryland, for Appellees. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Doyle R. Ham, Jr., appeals the district court s order dismissing his 42 U.S.C. § 1983 (2006) complaint for failure to state a claim. We review the dismissal de novo. Philips v. Pitt Cnty. Mem l Hosp., 572 F.3d 176, 179-80 (4th Cir. 2009) (supplying standard of review). Ham violated alleged when his that his employer Fourth opened Amendment his rights workplace were locker on several occasions while he was suspended from employment pending the resolution of disciplinary matters. Although Ham had a reasonable expectation of privacy in his locker, we conclude that he failed to allege violated that expectation. facts indicating that his employer Francis v. Giacomelli, 588 F.3d 186, 194 (4th Cir. 2009). Accordingly, we affirm the district court s denial of relief. legal before We dispense with oral argument because the facts and contentions this court are adequately and argument presented would not in aid the the materials decisional process. AFFIRMED 2

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