Smith v. Moore

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 99-6832 DAVID DWIGHT SMITH, Plaintiff - Appellant, versus MICHAEL W. MOORE, Director of S.C.D.C.; COLIE RUSHTON, Warden of McCormick Correctional In- stitution; PHOEBE JOHNSON, Warden of Perry Correctional Institution, Defendants - Appellees. Appeal from the United States District Court for the District of South Carolina, at Orangeburg. G. Ross Anderson, Jr., District Judge. (CA-98-2565-13AK-5) Submitted: September 30, 1999 Decided: October 7, 1999 Before NIEMEYER, WILLIAMS, and MICHAEL, Circuit Judges. Affirmed by unpublished per curiam opinion. David Dwight Smith, Appellant Pro Se. Matthew Philip Utecht, HAYNSWORTH, MARION, MCKAY & GUERARD, Greenville, South Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: David Dwight Smith appeals the district court’s order denying relief on his 42 U.S.C.A. § 1983 (West Supp. 1999) complaint. We have reviewed the record and the district’s opinion and find no reversible error. Accordingly, we affirm on the reasoning of the district court. See Smith v. Moore, No. CA-98-2565-13AK-5 (D.S.C. May 28, 1999). We deny Smith’s motion for appointment of counsel. We dispense with oral argument because the facts and legal conten- tions are adequately presented in the materials before the court and argument would not aid the decisional process. AFFIRMED 2