UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-2223
JERRY A. HURST,
Plaintiff - Appellant,
v.
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY,
Defendant - Appellee.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. Glen E. Conrad, District
Judge. (7:05-cv-00776-gec)
Submitted: April 23, 2009 Decided: April 29, 2009
Before MICHAEL and DUNCAN, Circuit Judges. *
Affirmed as modified by unpublished per curiam opinion.
Jerry A. Hurst, Appellant Pro Se. Maxwell Huddleston Wiegard,
GENTRY, LOCKE, RAKES & MOORE, Roanoke, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
*
The opinion is filed by a quorum of the panel pursuant to
28 U.S.C. § 46(d) (2006).
PER CURIAM:
Jerry A. Hurst appeals from the district court’s
orders: (1) denying relief on his claims of fraud, conspiracy to
commit fraud, and intentional infliction of emotional distress;
(2) accepting the recommendation of the magistrate judge and
granting summary judgment in favor of State Farm Mutual
Automobile Insurance Company on his claims of breach of
contract; and (3) denying his motions for reconsideration of
those orders. We have reviewed the record and find no
reversible error. Accordingly, we deny Hurst’s motion for
transcripts at government expense and affirm for the reasons
stated by the district court. Hurst v. State Farm Mut. Auto.
Ins. Co., No. 7:05-cv-00776-gec (W.D. Va. filed Mar. 23, 2007
entered March 26, 2007; Aug. 6, 2007; Sept, 26, 2008; filed Nov.
21, 2008 entered Nov. 25, 2008;). However, because the district
court addressed the claims on the merits, we modify the district
court’s September 26, 2008 order to reflect that the dismissal
is with prejudice. 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 AS MODIFIED
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