Hubbard v. West Virginia

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 07-7354 DENNIS GALE HUBBARD, Plaintiff - Appellant, versus STATE OF WEST VIRGINIA; MERCER COUNTY SHERIFF’S DEPARTMENT; BLUEFIELD, WEST VIRGINIA POLICE DEPARTMENT; MERCER COUNTY PROSECUTING ATTORNEYS; SOUTHERN REGIONAL JAIL, Defendants - Appellees. Appeal from the United States District Court for the Southern District of West Virginia, at Bluefield. David A. Faber, District Judge. (1:06-cv-00610) Submitted: January 17, 2008 Decided: January 25, 2008 Before TRAXLER, SHEDD, and DUNCAN, Circuit Judges. Affirmed by unpublished per curiam opinion. Dennis Gale Hubbard, Appellant Pro Se. Charles Patrick Houdyschell, Jr., WEST VIRGINIA DIVISION OF CORRECTIONS, Charleston, West Virginia; Duane J. Ruggier, II, Jennifer E. Tully, PULLIN, FOWLER & FLANAGAN, P.L.L.C., Charleston, West Virginia; Chad Marlo Cardinal, Assistant Attorney General, Charleston, West Virginia, for Appellees. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Dennis Gale Hubbard 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. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. Hubbard v. West Virginia, No. 1:06-cv-00610 (S.D.W. Va. Aug. 30, 2007). We deny Hubbard’s motion for an injunction. 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 - 2 -