Willie McKinnon v. Jim Pendergraph, individually

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-6186
WILLIE MCKINNON,
Plaintiff - Appellant,
versus
JIM PENDERGRAPH, individually and in his
capacity as Sheriff of Mecklenburg County;
SERGEANT HUNTER, Individually and in her
capacity as a Mecklenburg County Deputy
Sheriff; TELISA HUNTER; WAYNE SHIRLEY,
Commander, individually and in his capacity as
a Mecklenburg County Deputy Sheriff,
Defendants - Appellees,
and
TWO UNKNOWN AND UNNAMED CAPTAINS OF THE
MECKLENBURG COUNTY SHERIFF’S OFFICE,
individually and in their capacity as
Mecklenburg County Deputy Sheriffs; NOT LESS
THAN SIX UNKNOWN AND UNNAMED DEPUTIES OF THE
MECKLENBURG COUNTY SHERIFF’S OFFICE,
Individually and in their capacity as
Mecklenburg County Deputy Sheriffs; SERGEANT
MCGEE, Individually and in his capacity as a
Mecklenburg County Deputy Sheriff; DEPUTY JOHN
DOE, #3, individually and in his capacity as a
Detention Officer for the Mecklenburg County
Sheriff; DEPUTY JOHN DOE, #1, individually and
in his capacity as a Detention Officer for the
Mecklenburg County Sheriff; DEPUTY JOHN DOE,
#2, individually and in his capacity as a
Detention Officer for the Mecklenburg County
Sheriff; DEPUTY JOHN DOE, #4, individually and

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in his capacity as a detention officer for the
Mecklenburg County Sheriff; DEPUTY JOHN DOE,
#5, individually and in his capacity as a
Detention Officer for the Mecklenburg County
Sheriff; AT LEAST ONE UNKNOWN AND UNNAMED
DEPUTY OF THE MECKLENBURG COUNTY SHERIFF’S
OFFICE, individually and in their capacity as
Mecklenburg County Deputy Sheriffs,
Defendants.
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte. Graham C. Mullen, Chief
District Judge. (CA-00-620-3)
Submitted: August 29, 2003 Decided: September 15, 2003
Before WILKINSON, MICHAEL, and MOTZ, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Charles R. Brewer, Asheville, North Carolina; Janet C. Thomas,
Charlotte, North Carolina, for Appellant. Scott D. MacLatchie,
WOMBLE, CARLYLE, SANDRIDGE & RICE, Charlotte, North Carolina, for
Appellees.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Willie McKinnon appeals the district court’s order granting
Appellee Telisa Hunter’s motion to dismiss his 42 U.S.C. § 1983
(2000) complaint for failure to prosecute pursuant to Fed. R. Civ.
P. 41(b). We have reviewed the record and find no reversible error.
Accordingly, we affirm for the reasons stated by the district
court. See McKinnon v. Pendergraph, No. CA-00-620-3 (W.D.N.C. Dec.
18, 2002). 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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