Hayes v. Grimmer

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
JAMES AARON HAYES,
Plaintiff-Appellant,
v.
No. 95-8514
JOHN GRIMMER, Deputy; JUDY HICKS,
Chief Jail,
Defendants-Appellees.
Appeal from the United States District Court
for the Eastern District of North Carolina, at Raleigh.
Terrence W. Boyle, District Judge.
(CA-94-825-5-CT-BO)
Submitted: October 8, 1996
Decided: December 16, 1996
Before NIEMEYER, HAMILTON, and WILLIAMS,
Circuit Judges.
_________________________________________________________________
Vacated and remanded by unpublished per curiam opinion.
_________________________________________________________________
COUNSEL
James Aaron Hayes, Appellant Pro Se. Charles David Morison,
County Attorney, Burgaw, North Carolina, for Appellees.
_________________________________________________________________
Unpublished opinions are not binding precedent in this circuit. See
Local Rule 36(c).
OPINION
PER CURIAM:
James Aaron Hayes, a North Carolina prisoner, appeals from the
district court's order adopting the magistrate judge's recommendation
to grant Appellees' motion for summary judgment. Although we
express no opinion as to the ultimate success of Hayes' claim, we
vacate the district court's order and remand for further proceedings.
Hayes noted specific, timely objections to the magistrate judge's
report and recommendation that the motion for summary judgment be
granted. The district court was required to review the disputed issues
de novo. 28 U.S.C. § 636(b)(1) (1994); see Wimmer v. Cook, 774
F.2d 68, 76 (4th Cir. 1985); Orpiano v. Johnson , 687 F.2d 44, 48 n.1
(4th Cir. 1982). Although the court stated that it reviewed all of the
evidence, affidavits, and records in reaching its decision, it appears
that the court inadvertently failed to consider Hayes' sworn responses
to the motion for summary judgment and magistrate judge's report,
both of which contradicted the Appellees' affidavits.
Accordingly, we vacate the judgment and remand for further pro-
ceedings. We deny Hayes' motion to appoint counsel and dispense
with oral argument because the facts and legal contentions are ade-
quately presented in the materials before the court and argument
would not aid the decisional process.
VACATED AND REMANDED
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