Gibbs v. Ozmint, (4th Cir. 2011)

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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 10-7189

JOSEPH HUGO GIBBS,

Plaintiff - Appellant,

v.

JON E. OZMINT, as the Director of SCDC, et al.; RESPONDEAT

SUPERIOR,

Defendants - Appellees.

Appeal from the United States District Court for the District of

South Carolina, at Columbia. Patrick Michael Duffy, Senior

District Judge. (3:08-cv-03955-PMD)

Submitted: March 31, 2011 Decided: April 5, 2011

Before NIEMEYER, SHEDD, and AGEE, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Joseph Hugo Gibbs, Appellant Pro Se. James M. Davis, Jr.,

DAVIDSON & LINDEMANN, PA, Columbia, South Carolina, for

Appellees.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Joseph Hugo Gibbs appeals the district court's orders accepting the recommendations of the magistrate judge and denying Gibbs' motion to remand to state court and dismissing Gibbs' 42U.S.C. § 1983 (2006) complaint. Additionally, Gibbs appeals the district court's margin order denying his motion for rehearing, but granting in part his motion to amend judgment to reflect dismissal without prejudice. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. Gibbs v. Ozmint, No.

3:08-cv-03955-PMD (D.S.C. Aug. 5, 2009; July 26, 2010; filed Aug. 5, 2010 & entered Aug. 6, 2010). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED