Burks v. Rushton ( 2010 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-7558
TROY LUKE BURKS,
Plaintiff - Appellant,
v.
COLIE RUSHTON, Unit Warden; PAM SMITH, Mail Clerk; SCOTT
LEWIS, Unit Major, sued in their official and individual
capacity,
Defendants - Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Columbia. Henry M. Herlong, Jr., Senior
District Judge. (3:08-cv-03025-HMH)
Submitted: February 25, 2010 Decided: March 3, 2010
Before DUNCAN and AGEE, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Troy Luke Burks, Appellant Pro Se. Steven Michael Pruitt,
MCDONALD, PATRICK, TINSLEY, BAGGETT & POSTON, Greenwood, South
Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Troy Luke Burks appeals the district court’s orders:
(1) denying his motions to alter or amend judgment, Fed. R. Civ.
P. 59(e) and for a temporary restraining order and (2) adopting
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 affirm for
the reasons stated by the district court. Burks v. Rushton, No.
3:08-cv-03025-HMH (D.S.C. July 21, 2009). We deny Burks’
motions to appoint counsel, for stay pending appeal, for
injunctive relief pending appeal, to stay the mandate and for
reconsideration of prior order deferring action on his original
motion for appointment of counsel. Burks v. Rushton, No. 3:08-
cv-03025-HMH (D.S.C. July 21, 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
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