Mendez v. Farmer ( 2006 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-6712
RUBEN MENDEZ,
Plaintiff - Appellant,
versus
DAVID FARMER, Assistant Warden; B. MOORE; R.
CHERRY; M. FUTRELL; M. ASSOCIATE WARDEN,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. Malcolm J. Howard, Senior
District Judge. (5:04-ct-00186-H)
Submitted: August 24, 2006 Decided: August 31, 2006
Before KING, SHEDD, and DUNCAN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Ruben Mendez, Appellant Pro Se. Mark Allen Davis, WOMBLE, CARLYLE,
SANDRIDGE & RICE, Raleigh, North Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Ruben Mendez 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).
Mendez urges the Court to reconsider the decision in Holly v.
Scott, 434 F.3d 287 (4th Cir. 2006); however, “a panel of this
court cannot overrule, explicitly or implicitly, the precedent set
by a prior panel of this court. Only the Supreme Court or this
court sitting en banc can do that.” Scotts Co. v. United Indus.
Corp., 315 F.3d 264, 271-72 n.2 (4th Cir. 2002). We have reviewed
the record and find no reversible error. Accordingly, we affirm
for the reasons stated by the district court. Mendez v. Farmer,
No. 5:04-ct-00186-H (E.D.N.C. Mar. 28, 2006). 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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