Marvin Damon v. Bart Masters

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-7619 MARVIN X. DAMON, Plaintiff - Appellant, v. BART MASTERS, Warden; JOHN BOWLING, Food Service Administrator; J. TABOR, Assistant Food Service Administrator; JOHN BOYD, Food Service Employee, Defendants - Appellees. -------------------------------------- RODERICK AND SOLANGE MACARTHUR JUSTICE CENTER; AMERICAN CIVIL LIBERTIES UNION; ACLU OF WEST VIRGINIA FOUNDATION, Amici Supporting Appellant. Appeal from the United States District Court for the Southern District of West Virginia, at Bluefield. David A. Faber, Senior District Judge. (1:14-cv-26833) Submitted: March 31, 2016 Decided: April 5, 2016 Before MOTZ, SHEDD, and AGEE, Circuit Judges. Affirmed by unpublished per curiam opinion. Marvin X. Damon, Appellant Pro Se. Stephen Michael Horn, Assistant United States Attorney, Charleston, West Virginia, for Appellees. David M. Shapiro, RODERICK AND SOLANGE MACARTHUR JUSTICE CENTER, Chicago, Illinois; David C. Fathi, AMERICAN CIVIL LIBERTIES UNION, Washington, D.C.; Jamie Lynn Crofts, ACLU OF WEST VIRGINIA FOUNDATION, Charleston, West Virginia, for Amici Supporting Appellant. Unpublished opinions are not binding precedent in this circuit. 2 PER CURIAM: Marvin Jerome Damon appeals the district court’s order accepting the recommendation of the magistrate judge and denying relief on his complaint filed pursuant to Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971), and the magistrate judge’s order denying discovery. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. Damon v. Masters, No. 1:14-cv-26833 (S.D. W. Va. Aug. 25, 2015; Sept. 18, 2015). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process. AFFIRMED 3