Blackburn v. State of South Carolina

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-6677 RICHARD E. BLACKBURN, Plaintiff – Appellant, v. STATE OF SOUTH CAROLINA; SOUTH CAROLINA DEPARTMENT OF CORRECTIONS: JON OZMINT, Director of South Carolina Department of Corrections; ROBERT WARD, Regional Director of South Carolina Deparment of Corrections; ROBIN CHAVIS, ECI Associate Warden; MS. SPRATTLING, ECI Grievance Clerk; SANDRA BOWIE, Chief, Branch Grievance; J. GLENN ALEWINE; PRAVIN R. PATEL, Defendants – Appellees. Appeal from the United States District Court for the District of South Carolina, at Beaufort. Patrick Michael Duffy, Senior District Judge. (9:06-cv-02011-PMD) Submitted: November 30, 2010 Decided: December 17, 2010 Before NIEMEYER and WYNN, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Richard E. Blackburn, Appellant Pro Se. Bradford Cary Andrews, Samuel F. Arthur, III, AIKEN, BRIDGES, NUNN, ELLIOTT & TYLER, PA, Florence, South Carolina; Benjamin Albert Baroody, BELLAMY, RUTENBURG, COPELAND, EPPS, GRAVELY & BOWERS, PA, Myrtle Beach, South Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. 2 PER CURIAM: Richard E. Blackburn appeals the district court’s order adopting in part the recommendation of the magistrate judge and denying relief on his civil action. We have reviewed the record and find no reversible error. Accordingly, we deny Blackburn’s motion for appointment of counsel and affirm for the reasons stated by the district court. Blackburn v. South Carolina, No. 9:06-cv-02011-PMD (D.S.C. Mar. 11, 2009). 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 3