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  • Christopher Ellerbe v. Billy Weaver, 4th Cir. (2013)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding a case brought by Christopher Ellerbe under 42 U.S.C. § 1983 against various North Carolina Department of Corrections employees. The district court denied Ellerbe relief on his claims. The Fourth Circuit affirmed the district court's decision, finding no reversible error, and also denied Ellerbe's motion to appoint counsel.

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    Filed: 2013-02-25 Precedential Status: Non-Precedential Docket: 12-7717

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding a case brought by Christopher Ellerbe under 42 U.S.C. § 1983 against various North Carolina Department of Corrections employees. The district court denied Ellerbe relief on his claims. The Fourth Circuit affirmed the district court's decision, finding no reversible error, and also denied Ellerbe's motion to appoint counsel.

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    Public Domain
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    53 views3 pages

    Christopher Ellerbe v. Billy Weaver, 4th Cir. (2013)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding a case brought by Christopher Ellerbe under 42 U.S.C. § 1983 against various North Carolina Department of Corrections employees. The district court denied Ellerbe relief on his claims. The Fourth Circuit affirmed the district court's decision, finding no reversible error, and also denied Ellerbe's motion to appoint counsel.

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    of 3

    UNPUBLISHED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)

    Submitted:

    February 21, 2013

    Before AGEE and


    Circuit Judge.

    DAVIS,

    Decided: February 25, 2013

    Circuit

    Judges,

    and

    HAMILTON,

    Senior

    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.

    PER CURIAM:
    Christopher

    D.

    Ellerbe

    appeals

    the

    district

    courts

    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

    Sept. 20,

    v.

    2012).

    In

    appoint counsel.
    facts

    and

    materials

    legal
    before

    Weaver,

    No.

    addition,

    3:10-cv-00130-RJC

    we

    deny

    Ellerbes

    (W.D.N.C.
    motion

    to

    We dispense with oral argument because the


    contentions

    are

    adequately

    this

    and

    argument

    court

    presented

    would

    not

    in

    the

    aid

    the

    decisional process.

    AFFIRMED

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