Christopher D. Ellerbe v. DENNIS MARSHALL, Assistant Unit Manager

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-7717
CHRISTOPHER D. ELLERBE,
Plaintiff – Appellant,
v.
DENNIS MARSHALL, Assistant Unit Manager; BILLY JEAN WEAVER,
Disciplinary Hearing Officer; HEH, Corrections Officer;
NICHOLSON, Corrections Officer; PRESSLEY, Corrections
Officer; BENNETT, Corrections Officer; NANCE, Corrections
Officer; TRIPLETT, Corrections Officer; STURDIVANT,
Corrections Officer; STANBACK, Corrections Officer; GADDY,
Corrections Officer; CAMPBELL, Nurse; EAVES, Nurse; HARRIS,
Nurse; HINKEL, Nurse; KEVIN T. KING, Assistant
Superintendent; SANTA LUCIA, Nurse,
Defendants – Appellees,
and
BOYD BENNETT, Director of Prisons, N.C. Department of
Corrections; E. D. WALLACE, Grievance Examiner; RICK
JACKSON, Superintendent; KORY DALRYMPLE, Assistant
Superintendent; JERLINE BENNETT, Program Director I; GLENN
KINNEY, Assistant Unit Manager; GOODWIN, Corrections
Officer; WYATT, Corrections Officer; MARSDEN, Corrections
Officer; ZIMMERMAN, Corrections Officer; STEVENS, Nurse;
NORTH CAROLINA PRISONER LEGAL SERVICES, INC.,
Defendants.
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte. Robert J. Conrad,
Jr., Chief District Judge. (3:10-cv-00130-RJC)

-- 1 of 3 --

2
Submitted: February 21, 2013 Decided: February 25, 2013
Before AGEE and DAVIS, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Christopher D. Ellerbe, Appellant Pro Se. Lisa Yvette Harper,
Assistant Attorney General, Raleigh, North Carolina; Mary
Margaret Dillon, ELLIS & WINTERS, LLP, Cary, North Carolina;
Molly M. Shah, Jerry Howard Walters, Jr., LITTLER MENDELSON PC,
Charlotte, North Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit.

-- 2 of 3 --

3
PER CURIAM:
Christopher D. Ellerbe 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. Ellerbe v. Weaver, No. 3:10-cv-00130-RJC (W.D.N.C.
Sept. 20, 2012). In addition, we deny Ellerbe’s motion to
appoint counsel. We dispense with oral argument because the
facts and legal contentions are adequately presented in the
materials before this court and argument would not aid the
decisional process.
AFFIRMED

-- 3 of 3 --