Lloyd v. Eagleton

` UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 06-6996 GRADY EDWARD LLOYD, Plaintiff - Appellant, versus WILLIE L. EAGLETON, Warden; JOETTE D. SCARBOROUGH, Assistant Director of Institutional Classification; ARTHUR HOUSTON, State Classification, Defendants - Appellees. Appeal from the United States District Court for the District of South Carolina, at Beaufort. David C. Norton, District Judge. (9:05-cv-02314-DCN) Submitted: October 17, 2006 Decided: October 20, 2006 Before NIEMEYER, KING, and DUNCAN, Circuit Judges. Affirmed in part, vacated in part by unpublished per curiam opinion. Grady Edward Lloyd, Appellant Pro Se. Edgar Lloyd Willcox, II, WILLCOX, BUYCK & WILLIAMS, PA, Florence, South Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Grady Edward Lloyd appeals from the district court’s order accepting the recommendation of the magistrate judge and denying relief on his 42 U.S.C. § 1983 (2000) complaint. We have reviewed the record and the district court’s opinion and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. See Lloyd v. Eagleton, No. 9:05-cv-02314-DCN (D.S.C. May 16, 2006). However, because Lloyd’s action was dismissed upon a grant of summary judgment to the Defendants, we vacate the district court’s order to the extent it assessed a strike for purposes of 28 U.S.C. § 1915(g) (2000). 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 IN PART, VACATED IN PART - 2 -