Khaliq v. Patrick

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 96-7734
JAMI' A. KHALIQ,
Plaintiff - Appellant,
versus
D. PATRICK, Officer, Jasper Lock-up Unit;
ELLIS GREENE, Nurse, A.C.I. Medical Unit,
Defendants - Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Charleston. Joseph F. Anderson, Jr., District
Judge. (CA-95-3261-2-17AJ)
Submitted: September 25, 1997 Decided: October 20, 1997
Before LUTTIG, MICHAEL, and MOTZ, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Jami' A. Khaliq, Appellant Pro Se. Norma Anne Turner Jett, EARLY
& NESS, Bamberg, South Carolina; William Henry Davidson, II,
James Miller Davis, Jr., ELLIS, LAWHORNE, DAVIDSON & SIMS, P.A.,
Columbia, South Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Appellant appeals the district court's orders denying relief
on his 42 U.S.C. § 1983 (1994) complaint. We have reviewed the
record and the district court's opinion accepting the magistrate
judge's recommendation dismissing Appellant's claim of deliberate
indifference to a serious medical need, see Estelle v. Gamble, 429
U.S. 97 (1976), and find no reversible error. Accordingly, we
affirm on the reasoning of the district court. Khaliq v. Patrick,
No. CA-95-3261-2-17AJ (D.S.C. Oct. 25, 1996; July 3, 1996). We also
conclude that the district court did not err in entering judgment
adverse to Appellant on his claim of excessive use of force. See
Graham v. Connor, 490 U.S. 386 (1989). Appellant failed to create
a genuine issue of material fact regarding any more than de minimis
injury resulting from the alleged use of force on the part of the
prison guard. See Norman v. Taylor, 25 F.3d 1259, 1263 (4th Cir.
1994). 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