Horton v. United States

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 97-6524 ROY HORTON, Plaintiff - Appellant, versus UNITED STATES OF AMERICA, via Janet Reno, United States Attorney General; GARLAND HORACE, Deputy United States Marshal, and/or John Doe, Deputy United States Marshal; GARY BARRETT, Deputy United States Marshal; DAVID SMITH, Deputy United States Marshal; JERRY TOOTHMAN, Lieutenant, FCI, Morgantown; V. L. LONDON, Unit Manager, FCI, Morgantown; BRENDA L. FUTTEN, Case Manager, FCI, Morgantown; DENNIS R. BIDWELL, Warden, FCI, Morgantown; G. L. INGRAM, Regional Director, Bureau of Prisons; KATHLEEN HAWKS, Director, Bureau of Prisons; JAMES M. POOL, d/b/a Law Offices of James M. Pool; JERRY JAKE HEDRICK, Chief Jail Administrator; TIMOTHY L. BOWEN, Chief Jail Administrator; JACK ROOP, Director WVA Regional Jail Authority; SERGEANT CASTO, Correctional Officer, Central Regional Jail; JAMES M. HAMRICK, Records Clerk, Central Regional Jail; NAOMIA NESTER, Nurse, Central Regional Jail; BETTYE SMELLS, Nurse, Central Regional Jail; KATHY MCCAULEY, Counselor, Northern Regional Jail; KEVIN GOOD, Correc- tional Officer/Hearing Officer; MARTIN P. SHEEHAN, d/b/a Sheehan, Nuggent, and Sheehan, Defendants - Appellees. Appeal from the United States District Court for the Northern Dis- trict of West Virginia, at Clarksburg. William M. Kidd, Senior District Judge. (CA-97-10-1) Submitted: August 28, 1997 Decided: September 17, 1997 Before WILKINS, WILLIAMS, and MICHAEL, Circuit Judges. Dismissed by unpublished per curiam opinion. Roy Horton, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). 2 PER CURIAM: Appellant seeks to appeal the district court's orders denying his motion filed under 28 U.S.C.A. § 2255 (West 1994 & Supp. 1997) and denying his motion for reconsideration. We have reviewed the record and the district court's opinions and find no reversible error. Accordingly, we deny a certificate of appealability and dis- miss the appeal on the reasoning of the district court. Horton v. United States, No. CA-97-10-1 (N.D.W. Va. Feb. 6, 1997 and Mar. 7, 1997). 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. DISMISSED 3