Jeffrey Dennard McNeair v. Obie Gibson; Michael Allen; Brandon Brooks; Regina Williams; Craig Stancil; Jeff Tilley

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-7851
JEFFREY DENNARD MCNEAIR,
Plaintiff - Appellant,
v.
OBIE GIBSON; MICHAEL ALLEN; BRANDON BROOKS; REGINA WILLIAMS;
CRAIG STANCIL; JEFF TILLEY,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. James C. Dever III,
District Judge. (5:08-ct-03107-D)
Submitted: March 10, 2010 Decided: May 26, 2010
Before MOTZ, KING, and GREGORY, Circuit Judges.
Affirmed in part, vacated in part, and remanded by unpublished
per curiam opinion.
Jeffrey Dennard McNeair, Appellant Pro Se. Rudolf A. Renfer,
Jr., Assistant United States Attorney, Michael Bredenberg,
OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina,
for Appellees.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Jeffrey Dennard McNeair, a federal prisoner, appeals
the district court’s order denying relief on his civil complaint
filed pursuant to Bivens v. Six Unknown Named Agents of Fed.
Bureau of Narcotics, 403 U.S. 388 (1971). With regard to
McNeair’s excessive force claim, we vacate that portion of the
district court’s order and remand for further consideration in
light of Wilkins v. Gaddy, 130 S. Ct. 1175 (2010).∗
AFFIRMED IN PART,
Turning to
McNeair’s remaining claims, we have reviewed the record and find
no reversible error in the district court’s rejection of those
claims. Accordingly, we affirm the district court’s denial of
relief on the remaining claims for the reasons stated by the
court. McNeair v. Gibson, No. 5:08-ct-03107-D (E.D.N.C. Sept.
21, 2009). 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.
VACATED IN PART,
AND REMANDED
∗ We note that the district court did not have the benefit
of Wilkins at the time it issued its opinion.

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