Antoine China v. Lt. Marskberry , 627 F. App'x 242 ( 2015 )


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  •                              UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 14-7674
    ANTOINE J. CHINA,
    Plaintiff - Appellant,
    v.
    LT. MARSKBERRY; MAJOR NETTLES;      WARDEN     FRED   B.   THOMPSON;
    WILLIAM R. BYARS, JR., Director,
    Defendants - Appellees.
    Appeal from the United States District Court for the District of
    South Carolina, at Orangeburg.     J. Michelle Childs, District
    Judge. (5:13-cv-00091-JMC)
    Submitted:   December 14, 2015             Decided:   December 30, 2015
    Before MOTZ, WYNN, and FLOYD, Circuit Judges.
    Affirmed by unpublished per curiam opinion.
    Antoine J. China, Appellant Pro Se. Hugh Willcox Buyck, Gordon
    Wade Cooper, BUYCK, SANDERS & SIMMONS, Charleston, South
    Carolina, for Appellees.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Antoine J. China appeals from the district court’s order
    adopting the recommendation of the magistrate judge and granting
    summary judgment to Defendants in his 42 U.S.C. § 1983 (2012)
    civil    rights    action.          He       challenges         that   ruling       and   the
    magistrate     judge’s       rulings         denying      his     motions      to    appoint
    counsel, to compel, and for a default judgment.                          Appellees move
    to dismiss the appeal as untimely.
    We have reviewed the record and find no reversible error.
    We further conclude that the notice of appeal was timely filed.
    Accordingly, we deny the motion to dismiss the appeal and affirm
    for the reasons stated by the district court and the magistrate
    judge.        China     v.    Lt.        Marskberry,        No.        5:13-cv-00091-JMC
    (D.S.C. Apr.      11,   Sept.    9       &    Oct.   3,    2013;       Sept.    4,    2014).
    We deny China’s motion to appoint counsel and 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
    2
    

Document Info

Docket Number: 14-7674

Citation Numbers: 627 F. App'x 242

Judges: Motz, Wynn, Floyd

Filed Date: 12/30/2015

Precedential Status: Non-Precedential

Modified Date: 11/6/2024