Marshall Mitchell v. Mildred Rivera, No. 15-7702 (4th Cir. 2016)

Annotate this Case

Download PDF

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-7702 MARSHALL LEE MITCHELL, Plaintiff - Appellant, v. MILDRED RIVERA, Warden; SEAN ASHLINE, FS Adm; DOCTOR REED; DOCTOR ENEJE; NURSE RAINWATER, Defendants - Appellees. Appeal from the United States District Court for the District of South Carolina, at Florence. Timothy M. Cain, District Judge. (4:13-cv-01949-TMC) Submitted: May 26, 2016 Decided: May 31, 2016 Before TRAXLER, Chief Judge, and NIEMEYER and FLOYD, Circuit Judges. Affirmed by unpublished per curiam opinion. Marshall Lee Mitchell, Appellant Bowens, Assistant United States Carolina, for Appellees. Pro Se. Attorney, Barbara Murcier Columbia, South Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Marshall Lee Mitchell appeals the district court’s order denying his Fed. R. Civ. P. 60(b)(3) motion for reconsideration of the district court’s July 3, 2014 order dismissing Mitchell’s Bivens * action against Defendants. Mitchell has also filed a motion asking that all Judges of this court recuse themselves from his appeal. reversible error. order. have reviewed the record and find no Accordingly, we affirm the district court’s Mitchell v. Rivera, No. 4:13-cv-01949-TMC (D.S.C. Oct. 13, 2015). dispense We We also deny Mitchell’s motion for recusal. 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 * Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971). 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.