UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-6304
THEODORE THOMAS WAGNER,
Plaintiff - Appellant,
versus
STAN BURTT, Warden Leiber CI; MRS. L. CARYTON,
Inmate Grievance LCI; MRS. WATFORD,
Classification LCI all in their individual and
official capacities; MR. CSEAR, Classification
Sup LCI; JONATHAN E. OZMINT, Director SCDC,
Defendants - Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Columbia. G. Ross Anderson, Jr., District
Judge. (3:05-cv-00372-GRA)
Submitted: July 20, 2006 Decided: July 26, 2006
Before WIDENER and WILKINSON, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Theodore Thomas Wagner, Appellant Pro Se. Nikole Deanna
Haltiwanger, RILEY, POPE & LANEY, L.L.C., Columbia, South Carolina,
for Appellees.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Theodore Thomas Wagner, a South Carolina state prisoner,
appeals the district court’s order accepting the recommendation of
the magistrate judge and denying relief on his 42 U.S.C. § 1983
(2000) complaint in which he claims that his constitutional rights
were violated by exposure to second-hand, environmental tobacco
smoke. We have reviewed the record and find that Wagner failed to
establish that he was entitled to relief. Helling v. McKinney, 509
U.S. 25, 33-35 (1993) (providing standard). Accordingly, we affirm
for the reasons stated by the district court. Wagner v. Burtt, No.
3:05-cv-00372-GRA (D.S.C. Jan. 13, 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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