Johnathan Simmons, a/k/a Jonathan Dale Simmons v. John Vickers; Michael Najjar; Warden McCall; Officer Smith

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-7846
JOHNATHAN SIMMONS, a/k/a Jonathan Dale Simmons,
Plaintiff - Appellant,
v.
JOHN VICKERS; MICHAEL NAJJAR; WARDEN MCCALL; OFFICER SMITH,
et al,
Defendants - Appellees.
No. 12-7848
JONATHAN DALE SIMMONS,
Plaintiff - Appellant,
v.
SCDC; JOHN VICKERS; MICHAEL NAJJAR; WARDEN MCCALL; OFFICER
SMITH,
Defendants - Appellees.
Appeals from the United States District Court for the District
of South Carolina, at Aiken. Terry L. Wooten, District Judge.
(1:09-cv-00653-TLW; 1:09-cv-00858-TLW)
Submitted: December 20, 2012 Decided: December 27, 2012

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Before KING and DUNCAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Jonathan Dale Simmons, Appellant Pro Se. James Victor McDade,
DOYLE, O’ROURKE, TATE & MCDADE, PA, Anderson, South Carolina,
for Appellees.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Jonathan Simmons appeals the district court’s order
denying as untimely his motion to alter or amend the court’s
order awarding the Defendants summary judgment 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. Simmons v. Vickers, No. 1:09-cv-
00653-TLW; Simmons v. S.C. Dep’t of Corr., No. 1:09-cv-00858-TLW
(D.S.C. Oct. 3; Oct. 2 2012). 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

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