UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-7906
CECIL SIMMONS, a/k/a Cecil Allen Simmons,
Plaintiff - Appellant,
v.
DIRECTOR OZMINT; CAPTAIN BRIHART; DEBORAH ROWE, Hearing
Officer; MR. BURTT,
Defendants - Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Greenville. R. Bryan Harwell, District
Judge. (6:08-cv-00860-RBH)
Submitted: January 14, 2010 Decided: January 22, 2010
Before MOTZ, GREGORY, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Cecil Simmons, Appellant Pro Se. William Henry Davidson, II,
Matthew Blaine Rosbrugh, DAVIDSON & LINDEMANN, PA, Columbia,
South Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Cecil Simmons seeks to appeal the district court’s
order accepting the recommendation of the magistrate judge and
denying relief on his 42 U.S.C. § 1983 (2006) complaint.
Simmons, who filed a motion for reconsideration with the
district court pursuant to Fed. R. Civ. P. 59(e) prior to filing
his notice of appeal, requests only that this court remand the
case to the district court so he may re-file objections to the
magistrate judge’s report and recommendation after his initial
objections were destroyed in the mail. However, the district
court has granted Simmons’s motion and given him the opportunity
to file his objections. Accordingly, we dismiss the appeal as
moot. 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.
DISMISSED
2