James William Berry, Sr v. THOMAS MCBRIDE, Warden, “Newly Appointed”

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-7654
JAMES WILLIAM BERRY, SR.,
Plaintiff - Appellant,
versus
THOMAS MCBRIDE, Warden, “Newly Appointed”;
JAMES RUBENSTEIN, Commissioner of Corrections;
MICHAEL COLEMAN, Deputy Warden; BETTY SLAYTON,
Magistrate of M.O.C.C.; CARL SHELLINGS, Unit
Manager; WILLIAM KINCAID, Unit Manager;
PETRISHA HENDSHEW, Postal Sup.; BRIAN STUMP,
Correctional Officer,
Defendants - Appellees.
and
CORRECTIONAL MEDICAL SERVICES,
Defendant.
Appeal from the United States District Court for the Southern
District of West Virginia, at Beckley. David A. Faber, Chief
District Judge. (CA-02-856)
Submitted: February 24, 2005 Decided: March 7, 2005
Before NIEMEYER, WILLIAMS, and KING, Circuit Judges.
Affirmed by unpublished per curiam opinion.

-- 1 of 3 --

- 2 -
James William Berry, Sr., Appellant Pro Se. Charles Patrick
Houdyschell, Jr., WEST VIRGINIA DIVISION OF CORRECTIONS,
Charleston, West Virginia, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

-- 2 of 3 --

- 3 -
PER CURIAM:
James William Berry, Sr., appeals from the district
court’s order accepting the report and recommendation of the
magistrate judge and denying relief on his 42 U.S.C. § 1983 (2000)
complaint. We have reviewed the record and find no reversible
error. Accordingly, we affirm for the reasons stated by the
district court. See Berry v. McBride, No. CA-02-856 (S.D.W. Va.
Sept. 30, 2004). 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 of 3 --