Thornton v. Billett

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 01-2427 ROBERT EDWARD THORNTON, JR., Plaintiff - Appellant, versus D. F. BILLETT, Administrative Law Judge; CARROLL H. CRAWFORD, Vocational Expert; JANE L. WARREN, DDS Examiner; SUSAN KING MARTIN, DDS Examiner, Defendants - Appellees. Appeal from the United States District Court for the District of South Carolina, at Greenville. Cameron McGowan Currie, District Judge. (CA-01-2520-6-22BC) Submitted: January 28, 2002 Decided: February 7, 2002 Before NIEMEYER, LUTTIG, and TRAXLER, Circuit Judges. Affirmed by unpublished per curiam opinion. Robert Edward Thornton, Jr., Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Robert Edward Thornton, Jr., seeks to appeal the district court’s order dismissing his civil action alleging that the Appellees improperly handled his social security case. Finding no reversible error, we affirm. We find that the action is most properly construed as one under Bivens v. Six Unknown Named Agents of Fed. Bureau of Nar- cotics, 403 U.S. 388 (1971). As noted by the district court, Thornton does not specify any claim against the Appellees other than that they improperly handled his application for social security benefits and improperly evaluated him. Even if we liber- ally construe his complaint to allege due process violations, we find that Thornton fails to state a claim upon which relief may be granted under Bivens. See Schweiker v. Chilicky, 487 U.S. 412, 428-29 (1988). Accordingly, we affirm the district court’s order. 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. AFFIRMED 2