UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-1955
RODNEY KEITH LAIL,
Plaintiff – Appellant,
and
JAMES SPENCER; IRENE SANTACROCE; RICKY STEPHENS; MARGUERITE
STEPHENS; DORIS HOLT; NICHOLAS C. WILLIAMSON; SOUTHERN
HOLDINGS, INCORPORATED,
Plaintiffs,
v.
HORRY COUNTY, SOUTH CAROLINA; HORRY COUNTY POLICE
DEPARTMENT; JAMES ALBERT ALLEN, JR.; SIDNEY RICK THOMPSON;
JEFFREY S. CALDWELL; CHARLES MCCLENDON; JAY BRANTLY; ANDY
CHRISTENSEN; MICHAEL STEVEN HARTNESS; HAROLD STEVEN
HARTNESS,
Defendants – Appellees,
and
CITY OF MYRTLE BEACH, SC; MYRTLE BEACH POLICE DEPARTMENT;
WARREN GALL, individually and in his official capacity as an
officer with the Myrtle Beach Police Department; RICHARD
PAROSH, individually and in his official capacity; J.L.
ZIMMERMAN, individually and in his official capacity;
RICHARD B. WAY; JOHN DOES; HORRY COUNTY SHERIFF’S
DEPARTMENT; ANCIL B. GARVIN, III; DAVID SMITH,
Defendants.
No. 08-1962
RICKY STEPHENS,
Plaintiff – Appellant,
and
RODNEY KEITH LAIL; JAMES SPENCER; IRENE SANTACROCE;
MARGUERITE STEPHENS; DORIS HOLT; NICHOLAS C. WILLIAMSON;
SOUTHERN HOLDINGS, INCORPORATED,
Plaintiffs,
v.
HORRY COUNTY, SOUTH CAROLINA; HORRY COUNTY POLICE
DEPARTMENT; JAMES ALBERT ALLEN, JR.; SIDNEY RICK THOMPSON;
JEFFREY S. CALDWELL; CHARLES MCCLENDON; JAY BRANTLY; ANDY
CHRISTENSEN; MICHAEL STEVEN HARTNESS; HAROLD STEVEN
HARTNESS,
Defendants – Appellees,
and
CITY OF MYRTLE BEACH SC; MYRTLE BEACH POLICE DEPARTMENT;
WARREN GALL, individually and in his official capacity as an
officer with the Myrtle Beach Police Department; RICHARD
PAROSH, individually and in his official capacity; J.L.
ZIMMERMAN, individually and in his official capacity;
RICHARD B. WAY; JOHN DOES; HORRY COUNTY SHERIFF’S
DEPARTMENT; ANCIL B. GARVIN, III; DAVID SMITH,
Defendants.
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No. 08-1964
MARGUERITE STEPHENS,
Plaintiff - Appellant,
and
RODNEY KEITH LAIL; JAMES SPENCER; IRENE SANTACROCE; RICKY
STEPHENS, DORIS HOLT; NICHOLAS C. WILLIAMSON; SOUTHERN
HOLDINGS, INCORPORATED,
Plaintiffs,
v.
HORRY COUNTY, SOUTH CAROLINA; HORRY COUNTY POLICE
DEPARTMENT; JAMES ALBERT ALLEN, JR.; SIDNEY RICK THOMPSON;
JEFFREY S. CALDWELL; CHARLES MCCLENDON; JAY BRANTLY; ANDY
CHRISTENSEN; MICHAEL STEVEN HARTNESS; HAROLD STEVEN
HARTNESS,
Defendants – Appellees,
and
CITY OF MYRTLE BEACH SC; MYRTLE BEACH POLICE DEPARTMENT;
WARREN GALL, individually and in his official capacity as an
officer with the Myrtle Beach Police Department; RICHARD
PAROSH, individually and in his official capacity; J.L.
ZIMMERMAN, individually and in his official capacity;
RICHARD B. WAY; JOHN DOES; HORRY COUNTY SHERIFF’S
DEPARTMENT; ANCIL B. GARVIN, III; DAVID SMITH,
Defendants.
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No. 08-1965
JAMES SPENCER,
Plaintiff – Appellant,
and
RODNEY KEITH LAIL; IRENE SANTACROCE; RICKY STEPHENS;
MARGUERITE STEPHENS; DORIS HOLT; NICHOLAS C. WILLIAMSON;
SOUTHERN HOLDINGS, INCORPORATED,
Plaintiffs,
v.
HORRY COUNTY, SOUTH CAROLINA; HORRY COUNTY POLICE
DEPARTMENT; JAMES ALBERT ALLEN, JR.; SIDNEY RICK THOMPSON;
JEFFREY S. CALDWELL; CHARLES MCCLENDON; JAY BRANTLY; ANDY
CHRISTENSEN; MICHAEL STEVEN HARTNESS; HAROLD STEVEN
HARTNESS,
Defendants – Appellees,
and
CITY OF MYRTLE BEACH SC; MYRTLE BEACH POLICE DEPARTMENT;
WARREN GALL, individually and in his official capacity as an
officer with the Myrtle Beach Police Department; RICHARD
PAROSH, individually and in his official capacity; J.L.
ZIMMERMAN, individually and in his official capacity;
RICHARD B. WAY; JOHN DOES; HORRY COUNTY SHERIFF’S
DEPARTMENT; ANCIL B. GARVIN, III; DAVID SMITH,
Defendants.
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No. 08-1966
IRENE SANTACROCE,
Plaintiff – Appellant,
and
RODNEY KEITH LAIL; JAMES SPENCER; RICKY STEPHENS; MARGUERITE
STEPHENS; DORIS HOLT; NICHOLAS C. WILLIAMSON; SOUTHERN
HOLDINGS, INCORPORATED,
Plaintiffs,
v.
HORRY COUNTY, SOUTH CAROLINA; HORRY COUNTY POLICE
DEPARTMENT; JAMES ALBERT ALLEN, JR.; SIDNEY RICK THOMPSON;
JEFFREY S. CALDWELL; CHARLES MCCLENDON; JAY BRANTLY; ANDY
CHRISTENSEN; MICHAEL STEVEN HARTNESS; HAROLD STEVEN
HARTNESS,
Defendants – Appellees,
and
CITY OF MYRTLE BEACH SC; MYRTLE BEACH POLICE DEPARTMENT;
WARREN GALL, individually and in his official capacity as an
officer with the Myrtle Beach Police Department; RICHARD
PAROSH, individually and in his official capacity; J.L.
ZIMMERMAN, individually and in his official capacity;
RICHARD B. WAY; JOHN DOES; HORRY COUNTY SHERIFF’S
DEPARTMENT; ANCIL B. GARVIN, III; DAVID SMITH,
Defendants.
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No. 08-1967
DORIS HOLT,
Plaintiff – Appellant,
and
RODNEY KEITH LAIL; JAMES SPENCER; IRENE SANTACROCE; RICKY
STEPHENS; MARGUERITE STEPHENS; NICHOLAS C. WILLIAMSON;
SOUTHERN HOLDINGS, INCORPORATED,
Plaintiffs,
v.
HORRY COUNTY, SOUTH CAROLINA; HORRY COUNTY POLICE
DEPARTMENT; JAMES ALBERT ALLEN, JR.; SIDNEY RICK THOMPSON;
JEFFREY S. CALDWELL; CHARLES MCCLENDON; JAY BRANTLY; ANDY
CHRISTENSEN; MICHAEL STEVEN HARTNESS; HAROLD STEVEN
HARTNESS,
Defendants – Appellees,
and
CITY OF MYRTLE BEACH SC; MYRTLE BEACH POLICE DEPARTMENT;
WARREN GALL, individually and in his official capacity as an
officer with the Myrtle Beach Police Department; RICHARD
PAROSH, individually and in his official capacity; J.L.
ZIMMERMAN, individually and in his official capacity;
RICHARD B. WAY; JOHN DOES; HORRY COUNTY SHERIFF’S
DEPARTMENT; ANCIL B. GARVIN, III; DAVID SMITH,
Defendants.
Appeals from the United States District Court for the District
of South Carolina, at Florence. R. Bryan Harwell, District
Judge. (4:02-cv-01859-RBH)
6
Submitted: December 21, 2009 Decided: January 22, 2010
Before MICHAEL, KING, and SHEDD, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Rodney Keith Lail, Ricky Stephens, Marguerite Stephens, James
Spencer, Irene Santacroce, Doris Holt, Appellants Pro Se. Andrew
Lindemann, DAVIDSON & LINDEMANN, PA, Columbia, South Carolina;
Sandra Jane Senn, Charleston, South Carolina; Edward Glenn
Elliott, AIKEN, BRIDGES, NUNN, ELLIOTT & TYLER, PA, Florence,
South Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Rodney Lail, Ricky Stephens, Marguerite Stephens,
James Spencer, Irene Santacroce, and Doris Holt appeal the
district court’s orders denying their motion pursuant to Fed. R.
Civ. P. 60(b) seeking relief from the dismissal of their case
pursuant to a settlement agreement and denying their motion
seeking disqualification of the district court judge. On
appeal, we confine our review to the issues raised in the
Appellants’ brief. See 4th Cir. R. 34(b). With respect to the
court’s order denying the Appellants’ Rule 60(b) motion, the
Appellants’ opening brief fails to challenge the district
court’s dispositive conclusion that the motion was not timely
filed. Accordingly, we affirm the district court’s order. With
respect to the order declining to disqualify the district court
judge, we have reviewed the record and find no error. We
therefore affirm that order for the reasons stated by the
district court. Southern Holdings, Inc. v. Horry County, South
Carolina, No. 4:02-cv-01859-RBH (D.S.C. Aug. 13, 2009). We also
deny the Appellants’ emergency ex parte request for issuance of
a writ of mandamus. 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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