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Glover v. Mosley, 99-7595 (2000)

Court: Court of Appeals for the Fourth Circuit Number: 99-7595 Visitors: 18
Filed: Jul. 21, 2000
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT ERIC DOMAIN GLOVER, Plaintiff-Appellant, v. J. MOSLEY, Corporal, Allendale Correctional Institution; MICHAEL MOORE, Director, South Carolina Department of Corrections; GERALDINE MIRO, Warden of No. 99-7595 Allendale Correctional Institution; MCKITHER BODISON, Associate Warden, Allendale Correctional Institution; RICHARD MCCANTS, Associate Warden, Allendale Correctional Institution; BERNARD WALKER, Major of Security, Allendale Corr
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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

ERIC DOMAIN GLOVER,
Plaintiff-Appellant,

v.

J. MOSLEY, Corporal, Allendale
Correctional Institution; MICHAEL
MOORE, Director, South Carolina
Department of Corrections;
GERALDINE MIRO, Warden of
                                                               No. 99-7595
Allendale Correctional Institution;
MCKITHER BODISON, Associate
Warden, Allendale Correctional
Institution; RICHARD MCCANTS,
Associate Warden, Allendale
Correctional Institution; BERNARD
WALKER, Major of Security,
Allendale Correctional Institution,
Defendants-Appellees.

Appeal from the United States District Court
for the District of South Carolina, at Charleston.
Henry M. Herlong, Jr., District Judge.
(CA-98-3427-2-20AJ)

Submitted: April 25, 2000

Decided: July 21, 2000

Before WIDENER and NIEMEYER, Circuit Judges,
and HAMILTON, Senior Circuit Judge.

_________________________________________________________________

Affirmed by unpublished per curiam opinion.
COUNSEL

Eric Domain Glover, Appellant Pro Se. Marvin Coleman Jones,
BOGOSLOW & JONES, Walterboro, South Carolina, for Appellees.

_________________________________________________________________

Unpublished opinions are not binding precedent in this circuit. See
Local Rule 36(c).

_________________________________________________________________

OPINION

PER CURIAM:

Eric Domain Glover appeals the district court's orders denying
relief on his 42 U.S.C.A. ยง 1983 (West Supp. 1999) complaint and
denying his subsequent motions for reconsideration, to amend the
facts, and for a new trial. We have reviewed the record and the district
court's opinion rejecting the magistrate judge's recommendation and
find no reversible error.

A prisoner's claim that officials failed to protect him from harm is
analyzed as a challenge to the prisoner's conditions of confinement,
rather than as an allegation of excessive force. See Farmer v. Bren-
nan, 
511 U.S. 825
, 833 (1994); see also Babcock v. White, 
102 F.3d 267
, 273 (7th Cir. 1996). Although the district court here incorrectly
analyzed Glover's claims under the latter approach, Glover neverthe-
less failed to show that he suffered a "serious or significant physical
or mental injury" as a result of the Defendants' conduct. See Strickler
v. Waters, 
989 F.2d 1375
, 1381 (4th Cir. 1993) (setting standard for
analyzing conditions of confinement claims).

Accordingly, we affirm substantially on the reasoning of the dis-
trict court. See Glover v. Mosley, No. CA-98-3427-2-20AJ (D.S.C.
Oct. 5, 1999). 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

Source:  CourtListener

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