Bernard McFadden v. Simon Major

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 11-7161 BERNARD MCFADDEN, Petitioner – Appellant, v. SIMON MAJOR, Director of Sumter-Lee Regional Detention Center, Respondent - Appellee. Appeal from the United States District Court for the District of South Carolina, at Columbia. J. Michelle Childs, District Judge. (3:09-cv-02927-JMC) Submitted: December 15, 2011 Decided: December 20, 2011 Before GREGORY, SHEDD, and DAVIS, Circuit Judges. Affirmed by unpublished per curiam opinion. Bernard McFadden, Appellant Pro Se. James M. Davis, Jr., Joel Steve Hughes, DAVIDSON & LINDEMAN, PA, Columbia, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Bernard McFadden appeals the district court’s order denying as moot his motion for an extension of time in which to file objections to the magistrate judge’s report and recommendation. Because, at this court’s direction, McFadden v. Major, No. 11-6280, 2011 WL 2909203 (4th Cir. July 21, 2011), the district court will provide McFadden with a copy of the magistrate judge’s report and time to file objections, we conclude that the district court did not err in denying McFadden’s motion as moot. We therefore affirm. 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 2