Dalton v. WV Division of Corrections ( 2010 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-7693
1STARR DALTON,
Plaintiff – Appellant,
v.
WEST VIRGINIA DIVISION OF CORRECTIONS; DAVID BALLARD,
Warden; JIM RUBENSTEIN; BRIAN GREENWOOD; ADAM CAYTON,
Correctional Officer II; NATE KENDRICK, Corporal; CURTIS
DIXON, Sergeant,
Defendants – Appellees.
Appeal from the United States District Court for the Southern
District of West Virginia, at Charleston. Joseph R. Goodwin,
Chief District Judge. (2:08-cv-01153)
Submitted: January 19, 2010 Decided: January 27, 2010
Before NIEMEYER, KING, and DAVIS, Circuit Judges.
Affirmed as modified by unpublished per curiam opinion.
1Starr Dalton, Appellant Pro Se. Christopher James Sears,
SHUMAN, MCCUSKEY & SLICER, PLLC, Charleston, West Virginia, for
Appellees.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
1Starr Dalton appeals the district court’s order
accepting the recommendation of the magistrate judge and denying
relief on his 42 U.S.C. § 1983 (2006) complaint. We have
reviewed the record and find no reversible error. Accordingly,
we modify the dismissal of the action to be without prejudice
and affirm for the reasons stated by the district court.
Dalton v. W. Va. Div. of Corr., No. 2:08-cv-01153 (S.D.W. Va.
Aug. 25, 2009). 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 AS MODIFIED
2