Shepard v. Catoe

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 01-6460 RICKEY J. SHEPARD, Plaintiff - Appellant, versus DOUG CATOE, Director of South Carolina Depart- ment of Corrections; RICKIE HARRISON, Warden; STANLEY BURTT, Associate Warden; BARBARA SKEEN, Director of Medical Services; NFN COOKE, Nurse Supervisor, Defendants - Appellees. Appeal from the United States District Court for the District of South Carolina, at Spartanburg. Dennis W. Shedd, District Judge. (CA-99-3107-7-19-BG) Submitted: May 31, 2001 Decided: June 11, 2001 Before WILKINS, TRAXLER, and KING, Circuit Judges. Dismissed by unpublished per curiam opinion. Rickey J. Shepard, Appellant Pro Se. Vinton DeVane Lide, VINTON D. LIDE & ASSOCIATES, Lexington, South Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Rickey Shepard, a state inmate, appeals the district court’s order dismissing for failure to state a claim his 42 U.S.C.A. § 1983 (West Supp. 2000) complaint. We have reviewed the record and the district court’s opinion accepting the magistrate judge’s recommendation and find that this appeal is frivolous. Accord- ingly, we dismiss the appeal on the reasoning of the district court. See Shepard v. Catoe, No. CA-99-3107-7-19-BG (D.S.C. Feb. 28, 2001). We further deny Shepard’s motion to compel. We dis- pense 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. DISMISSED 2