Antoine China v. Lt. Marskberry, No. 14-7674 (4th Cir. 2015)

Annotate this Case

This opinion or order relates to an opinion or order originally issued on February 19, 2015.

Download PDF

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-7674 ANTOINE J. CHINA, Plaintiff - Appellant, v. LT. MARSKBERRY; MAJOR NETTLES; WILLIAM R. BYARS, JR., Director, WARDEN FRED B. THOMPSON; Defendants - Appellees. Appeal from the United States District Court for the District of South Carolina, at Orangeburg. J. Michelle Childs, District Judge. (5:13-cv-00091-JMC) Submitted: December 14, 2015 Decided: December 30, 2015 Before MOTZ, WYNN, and FLOYD, Circuit Judges. Affirmed by unpublished per curiam opinion. Antoine J. China, Appellant Pro Se. Hugh Willcox Buyck, Gordon Wade Cooper, BUYCK, SANDERS & SIMMONS, Charleston, South Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Antoine J. China appeals from the district court’s order adopting the recommendation of the magistrate judge and granting summary judgment to Defendants in his 42 U.S.C. § 1983 (2012) civil rights magistrate action. judge’s He challenges rulings denying that his ruling motions counsel, to compel, and for a default judgment. and to the appoint Appellees move to dismiss the appeal as untimely. We have reviewed the record and find no reversible error. We further conclude that the notice of appeal was timely filed. Accordingly, we deny the motion to dismiss the appeal and affirm for the reasons stated by the district court and the magistrate judge. China (D.S.C. Apr. 11, v. Lt. Sept. 9 Marskberry, & Oct. 3, No. 2013; 5:13-cv-00091-JMC Sept. 4, 2014). We deny China’s motion to appoint counsel and 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

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.