Filed: Mar. 05, 2009
Latest Update: Feb. 12, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-8188 1STARR DALTON, Plaintiff – Appellant, v. WEST VIRGINIA DIVISION OF CORRECTIONS; DAVID BALLARD; JIM RUBENSTEIN; JASON COLLINS, Captain; MARGARET CLIFFORD, Lieutenant; JAMES MCCLOUD, Lieutenant; BRIAN MATTOX, Sergeant; CURTIS DIXON, Sergeant; CLINTON RYAN, Corporal; NATE KENDRICK, Corporal; MICHAEL ANGEL; GARRATTE ADAMS; BRIAN GREENWOOD, Defendants – Appellees. Appeal from the United States District Court for the Souther
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-8188 1STARR DALTON, Plaintiff – Appellant, v. WEST VIRGINIA DIVISION OF CORRECTIONS; DAVID BALLARD; JIM RUBENSTEIN; JASON COLLINS, Captain; MARGARET CLIFFORD, Lieutenant; JAMES MCCLOUD, Lieutenant; BRIAN MATTOX, Sergeant; CURTIS DIXON, Sergeant; CLINTON RYAN, Corporal; NATE KENDRICK, Corporal; MICHAEL ANGEL; GARRATTE ADAMS; BRIAN GREENWOOD, Defendants – Appellees. Appeal from the United States District Court for the Southern..
More
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-8188
1STARR DALTON,
Plaintiff – Appellant,
v.
WEST VIRGINIA DIVISION OF CORRECTIONS; DAVID BALLARD; JIM
RUBENSTEIN; JASON COLLINS, Captain; MARGARET CLIFFORD,
Lieutenant; JAMES MCCLOUD, Lieutenant; BRIAN MATTOX,
Sergeant; CURTIS DIXON, Sergeant; CLINTON RYAN, Corporal;
NATE KENDRICK, Corporal; MICHAEL ANGEL; GARRATTE ADAMS;
BRIAN GREENWOOD,
Defendants – Appellees.
Appeal from the United States District Court for the Southern
District of West Virginia, at Charleston. Joseph R. Goodwin,
Chief District Judge. (2:08-cv-00335)
Submitted: February 12, 2009 Decided: March 5, 2009
Before WILKINSON, NIEMEYER, and MICHAEL, Circuit Judges.
Affirmed by unpublished per curiam opinion.
1Starr Dalton, Appellant Pro Se. David Edward Schumacher, Jason
A. Winnell, BAILEY & WYANT, PLLC, Charleston, West Virginia, for
Appellees.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
1Starr Dalton appeals the district court’s order
accepting the proposed findings and recommendation of the
magistrate judge and denying his motion for a preliminary
injunction. We have reviewed the record and find no reversible
error.
Dalton’s complaint alleged physical abuse from
correctional facility personnel. As part of the requested
relief, Dalton sought an injunction directing his transfer to
another correctional facility. Dalton then moved for a
preliminary injunction, requesting an immediate transfer.
It is well-settled that a prisoner has no due process
right to be housed in the facility of his choice. Meachum v.
Fano,
427 U.S. 215, 223-24 (1976). Likewise, liberty interests
are not implicated by transfers between prisons. Olim v.
Wakinekona,
461 U.S. 238, 248 (1983). Thus, Dalton did not
demonstrate the likelihood of success on the merits of his claim
for injunctive relief, and the district court properly denied
his motion for a preliminary injunction.
Although Dalton stresses that the district court’s
order indicates it was unaware of, and thus neglected to review,
his objections to the magistrate judge’s proposed findings and
recommendation, such review could not have changed the outcome
of the decision. Accordingly, we affirm the order of the
2
district court. 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
3