Berry v. Kirby ( 1999 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 99-6964
JAMES WILLIAM BERRY, SR.,
Plaintiff - Appellant,
versus
PAUL KIRBY, Commissioner of Corrections;
HOWARD PAINTER, Warden, Mount Olive Correc-
tional; JOHN & JANE DOE, unknown defendants,
Defendants - Appellees.
Appeal from the United States District Court for the Southern
District of West Virginia, at Beckley. Charles H. Haden II, Chief
District Judge. (CA-99-483-5)
Submitted: December 16, 1999 Decided: December 29, 1999
Before MURNAGHAN and MOTZ, Circuit Judges, and BUTZNER, Senior Cir-
cuit Judge.
Affirmed by unpublished per curiam opinion.
James William Berry, Sr., Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
James William Berry, Sr., appeals from the district court’s
order denying relief on his civil complaint filed under 42 U.S.C.
§ 1981 (1994), 42 U.S.C.A. § 1983 (West Supp. 1999), and 28 U.S.C.
§§ 2201, 2202 (1994). We have reviewed the record and the district
court’s opinion accepting the magistrate judge’s recommendation and
find no reversible error. Accordingly, we affirm on the reasoning
of the district court. See Berry v. Kirby, No. CA-99-483-5 (S.D.W.
Va. July 16, 1999). We dispense with oral argument because the
facts and legal contentions are adequately presented in the mate-
rials before the court and argument would not aid the decisional
process.
AFFIRMED
2