UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-7787
DENNIS EDWARD PHILLIPS,
Plaintiff - Appellant,
v.
MARJUSRI BASU, Nurse Supervisor; JEFF WALKER, Nurse; DR.
SELENE PAREKH; DR. VINCENT C. IGOEKWE,
Defendants – Appellees,
and
BRYAN JONES, Lawyer; SHERIFF JOHN MCDIVETT; A. B. SAUNDERS,
Nurse,
Defendants.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. James C. Dever III,
Chief District Judge. (5:10-ct-03069-D)
Submitted: March 26, 2013 Decided: April 9, 2013
Before MOTZ, GREGORY, and KEENAN, Circuit Judges.
Affirmed in part, vacated in part and remanded by unpublished
per curiam opinion.
Dennis Edward Phillips, Appellant Pro Se. Kelly Street Brown,
Elizabeth Pharr McCullough, YOUNG, MOORE & HENDERSON, PA,
Raleigh, North Carolina; Kari Russwurm Johnson, CRANFILL, SUMNER
& HARTZOG, LLP, Raleigh, North Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Dennis Edward Phillips appeals the district court’s
order denying relief on his 42 U.S.C. § 1983 (2006) complaint.
We have reviewed the record and, as to Defendants Basu,
Saunders, Parekh, Igboekwe, McDevitt, and Jones, we find no
reversible error. Accordingly, we affirm the judgment as to
these parties for the reasons stated by the district court.
Phillips v. Basu, No. 5:10-ct-03069-D (E.D.N.C. Feb. 1, 2011;
Nov. 3, 2011; & Sept. 13, 2012).
As to Defendant Walker, however, we vacate the
district court’s order dismissing Phillips’ claim against him,
because the court failed to advise Phillips of its conversion of
Walker’s motion to dismiss to one for summary judgment. See
Fed. R. Civ. P. 12(d); Davis v. Zahradnick, 600 F.2d 458, 460
(4th Cir. 1979) (stating requirements for converting Fed. R.
Civ. P. 12(b)(6) motion to summary judgment motion). The court
also failed to sufficiently apprise Phillips of his rights under
Roseboro v. Garrison, 528 F.2d 309, 310 (4th Cir. 1975).
Accordingly, we vacate the district court’s judgment
in favor of Walker and remand for further proceedings. * We deny
Phillips’ motions to voluntarily dismiss Jones from the appeal,
*
By this disposition, we indicate no view as to the outcome
of the proceedings on remand.
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to file an attachment to his informal brief, and for an
emergency stay. 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 IN PART,
VACATED IN PART,
AND REMANDED
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