Watlington v. Carter ( 2008 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-6175
DANIEL WATLINGTON,
Plaintiff - Appellant,
v.
DEBBIE CARTER; MARSHAL GEORGE BENYA,
Defendants - Appellees,
and
SHARON L. JOHNSON; SERGEANT BAILEY,
Defendants.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. Louise W. Flanagan, Chief
District Judge. (5:05-ct-00761-FL)
Submitted: September 11, 2008 Decided: September 16, 2008
Before WILKINSON and NIEMEYER, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Daniel Watlington, Appellant Pro Se. E. Holt Moore, III,
Wilmington, North Carolina; Steve R. Matheny, Assistant United
States Attorney, Raleigh, North Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Daniel Watlington appeals the district court’s order
denying relief on his complaint filed pursuant to Bivens v. Six
Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388(1971), and 42 U.S.C. § 1983 (2000). He contends that Defendant
Carter failed to timely file her motion for summary judgment, so
the district court erred in considering that motion. However, the
motion was timely in accordance with Fed. R. Civ. P. 56(c).
Similarly, Defendant Benya’s motion to dismiss or for summary
judgment was filed within the extension period granted by the
district court, and thus is deemed timely. Accordingly, we affirm.
Watlington v. Johnson, No. 5:05-ct-00761-FL (W.D.N.C. Jan. 8,
2008). 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
- 2 -