Owen F. Silvious v. the Coca Cola Company

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-1474
OWEN F. SILVIOUS,
Plaintiff - Appellant,
v.
THE COCA COLA COMPANY,
Defendant - Appellee.
Appeal from the United States District Court for the Northern
District of West Virginia, at Martinsburg. John Preston Bailey,
Chief District Judge. (3:11-cv-00082-JPB-DJJ)
Submitted: October 19, 2012 Decided: October 31, 2012
Before KING and DIAZ, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Owen F. Silvious, Appellant Pro Se. Adam R. Moore, SHOOK, HARDY
& BACON, LLP, Kansas City, Missouri; Marc Ellis Williams, NELSON
MULLINS RILEY & SCARBOROUGH, LLP, Huntington, West Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Owen F. Silvious appeals the district court’s order
dismissing his complaint against The Coca Cola Company filed
pursuant to the West Virginia Consumer Credit and Protection Act
(“WVCCPA”), W. Va. Code Ann. § 46A-6-101 (Lexis Nexis 2006). We
have reviewed the record and conclude that Silvious failed to
state a claim upon which relief may be granted, lacked standing,
and failed to assert his claims within the applicable four-year
statute of limitations. Accordingly, we affirm the district
court’s judgment. 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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