Johnathan Simmons v. John Vickers ( 2012 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-7846
JOHNATHAN SIMMONS, a/k/a Jonathan Dale Simmons,
Plaintiff - Appellant,
v.
JOHN VICKERS; MICHAEL NAJJAR; WARDEN MCCALL; OFFICER SMITH,
et al,
Defendants - Appellees.
No. 12-7848
JONATHAN DALE SIMMONS,
Plaintiff - Appellant,
v.
SCDC; JOHN VICKERS; MICHAEL NAJJAR; WARDEN MCCALL; OFFICER
SMITH,
Defendants - Appellees.
Appeals from the United States District Court for the District
of South Carolina, at Aiken. Terry L. Wooten, District Judge.
(1:09-cv-00653-TLW; 1:09-cv-00858-TLW)
Submitted: December 20, 2012 Decided: December 27, 2012
Before KING and DUNCAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Jonathan Dale Simmons, Appellant Pro Se. James Victor McDade,
DOYLE, O’ROURKE, TATE & MCDADE, PA, Anderson, South Carolina,
for Appellees.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Jonathan Simmons appeals the district court’s order
denying as untimely his motion to alter or amend the court’s
order awarding the Defendants summary judgment on his 42 U.S.C.
§ 1983 (2006) complaint. We have reviewed the record and find
no reversible error. Accordingly, we affirm for the reasons
stated by the district court. Simmons v. Vickers, No. 1:09-cv-
00653-TLW; Simmons v. S.C. Dep’t of Corr., No. 1:09-cv-00858-TLW
(D.S.C. Oct. 3; Oct. 2 2012). We 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
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