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CHINA v. LT. MARSKBERRY, 14-7674. (2015)

Court: Court of Appeals for the Fourth Circuit Number: infco20151230062 Visitors: 7
Filed: Dec. 30, 2015
Latest Update: Dec. 30, 2015
Summary: UNPUBLISHED Unpublished opinions are not binding precedent in this circuit. PER CURIAM . Antoine J. China appeals from the district court's order adopting the recommendation of the magistrate judge and granting summary judgment to Defendants in his 42 U.S.C. 1983 (2012) civil rights action. He challenges that ruling and the magistrate judge's rulings denying his motions to appoint counsel, to compel, and for a default judgment. Appellees move to dismiss the appeal as untimely. We have
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UNPUBLISHED

Unpublished opinions are not binding precedent in this circuit.

Antoine J. China appeals from the district court's order adopting the recommendation of the magistrate judge and granting summary judgment to Defendants in his 42 U.S.C. § 1983 (2012) civil rights action. He challenges that ruling and the magistrate judge's rulings denying his motions to appoint counsel, to compel, and for a default judgment. Appellees move to dismiss the appeal as untimely.

We have reviewed the record and find no reversible error. We further conclude that the notice of appeal was timely filed. Accordingly, we deny the motion to dismiss the appeal and affirm for the reasons stated by the district court and the magistrate judge. China v. Lt. Marskberry, No. 5:13-cv-00091-JMC (D.S.C. Apr. 11, Sept. 9 & Oct. 3, 2013; Sept. 4, 2014). We deny China's motion to appoint counsel and dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

AFFIRMED.

Source:  Leagle

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