Stuart Wayne Tompkins v. DAVID MITCHELL, Superintendent

09-7224Court of Appeals for the Fourth CircuitOct 25, 2010

Full text

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-7224
STUART WAYNE TOMPKINS,
Plaintiff - Appellant,
v.
DAVID MITCHELL, Superintendent,
Defendant - Appellee.
Appeal from the United States District Court for the Western
District of North Carolina, at Asheville. Graham C. Mullen,
Senior District Judge. (1:08-cv-00322-GCM)
Submitted: October 1, 2010 Decided: October 25, 2010
Before WILKINSON, GREGORY, and SHEDD, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Stuart Wayne Tompkins, Appellant Pro Se. Yvonne Bulluck Ricci,
Assistant Attorney General, Raleigh, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Stuart Wayne Tompkins appeals the district court’s
order denying relief on his 42 U.S.C. § 1983 (2006) complaint.
We have reviewed the record and find no reversible error.
Accordingly, we affirm for the reasons stated by the district
court. Tompkins v. Mitchell, No. 1:08-cv-00322-GCM (W.D.N.C.
Apr. 14, 2009). Tompkins’ motions for default judgment, for a
temporary restraining order or preliminary injunction, and for
appointment of counsel are denied. 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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