John Cooke Wilson v. Warden McKeller

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-6823
JOHN COOKE WILSON,
Plaintiff - Appellant,
versus
WARDEN MCKELLER; JON OZMINT, Director; GARY
MANIGAULT, Officer; PARTNER,
Defendants - Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Greenville. G. Ross Anderson, Jr., District
Judge. (6:06-cv-01633-GRA)
Submitted: November 6, 2007 Decided: November 21, 2007
Before MICHAEL and GREGORY, Circuit Judges, and WILKINS, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
John Cooke Wilson, Appellant Pro Se. Samuel F. Arthur, III,
Bradford Cary Andrews, AIKEN, BRIDGES, NUNN, ELLIOTT & TYLER, PA,
Florence, South Carolina; Benjamin Albert Baroody, BELLAMY,
RUTENBURG, COPELAND, EPPS, GRAVELY & BOWERS, PA, Myrtle Beach,
South Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
John Cooke Wilson appeals the district court’s order
accepting the recommendation of the magistrate judge and denying
relief on his 42 U.S.C. § 1983 (2000) complaint. We have reviewed
the record and find that Wilson has failed to demonstrate that his
injuries, if any, were not de minimus in nature. Wilson also
alleges that one of the correctional officers used a racial slur
while assaulting him. While the alleged statement was deplorable,
mere threats or verbal abuse, without more, do not state a
cognizable claim under § 1983. See Northington v. Jackson, 973
F.2d 1518, 1524 (10th Cir. 1992) (citing Collins v. Cundy, 603 F.2d
825, 827 (10th Cir. 1979)); see also Carter v. Morris, 164 F.3d
215, 219 n.3 (4th Cir. 1999). Accordingly, we affirm for the
reasons stated by the district court. Wilson v. McKeller, No.
6:06-cv-01633-GRA (D.S.C. May 24, 2007). 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

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