Filed: May 23, 2011
Latest Update: Feb. 22, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-2255 GREG GIVENS, Plaintiff – Appellant, v. MAIN STREET FINANCIAL SERVICES CORPORATION, Holding company for Main Street Bank; REBECCA RANDOLPH; RICHARD LUCAS; WILLIAM CRISWELL; KEVIN GESSLER; KEITH C. GAMBLE; PULLIN, FOWLER, FLANAGAN, BROWN & POE, PLLC; CITY OF WHEELING, West Virginia, individually and collectively, Defendants - Appellees. Appeal from the United States District Court for the Northern District of West Virgin
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-2255 GREG GIVENS, Plaintiff – Appellant, v. MAIN STREET FINANCIAL SERVICES CORPORATION, Holding company for Main Street Bank; REBECCA RANDOLPH; RICHARD LUCAS; WILLIAM CRISWELL; KEVIN GESSLER; KEITH C. GAMBLE; PULLIN, FOWLER, FLANAGAN, BROWN & POE, PLLC; CITY OF WHEELING, West Virginia, individually and collectively, Defendants - Appellees. Appeal from the United States District Court for the Northern District of West Virgini..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-2255
GREG GIVENS,
Plaintiff – Appellant,
v.
MAIN STREET FINANCIAL SERVICES CORPORATION, Holding company
for Main Street Bank; REBECCA RANDOLPH; RICHARD LUCAS;
WILLIAM CRISWELL; KEVIN GESSLER; KEITH C. GAMBLE; PULLIN,
FOWLER, FLANAGAN, BROWN & POE, PLLC; CITY OF WHEELING, West
Virginia, individually and collectively,
Defendants - Appellees.
Appeal from the United States District Court for the Northern
District of West Virginia, at Wheeling. Frederick P. Stamp,
Jr., Senior District Judge. (5:10-cv-00027-FPS-JSK)
Submitted: May 19, 2011 Decided: May 23, 2011
Before TRAXLER, Chief Judge, and KEENAN, Circuit Judge. *
Dismissed in part, affirmed in part by unpublished per curiam
opinion.
Greg Givens, Appellant Pro Se. Keith C. Gamble, PULLIN, FOWLER,
FLANAGAN, BROWN & POE, PLLC, Morgantown, West Virginia;
*
This opinion is filed by a quorum of the panel pursuant to
28 U.S.C. § 46(d).
Nathanial Adam Kuratomi, JENKINS FENSTERMAKER, PLLC, Huntington,
West Virginia; Stephen Mark Fowler, PULLIN, FOWLER, FLANAGAN,
BROWN & POE, PLLC, Charleston, West Virginia, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Greg Givens appeals from the district court’s order
remanding his complaint to state court, vacating a previous
sanctions order against Givens, and denying Givens’ motions for
sanctions and appointment of counsel. Givens’ appellate claims
regarding the sanctions order against him and his request for
appointment of counsel are moot, given that the sanctions order
was vacated and the case remanded at Givens’ request.
Accordingly, we dismiss this portion of the appeal.
Turning to Givens’ appeal from the denial of his
motion for sanctions against Defendants, we have reviewed the
record and find no reversible error. Accordingly, we affirm for
the reasons stated by the district court. Givens v. Main Street
Fin. Servs., No. 5:10-cv-00027-FPS-JSK (N.D.W. Va. Oct. 28,
2010). We deny Givens’ motion to strike Appellees’ brief. 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 IN PART;
AFFIRMED IN PART
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