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  • McKinnedy v. Reynolds, 4th Cir. (2010)

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    The United States Court of Appeals for the Fourth Circuit affirmed the district court's orders denying relief to William Clayton McKinnedy, III on his 42 U.S.C. § 1983 complaint against various South Carolina Department of Corrections officials and employees. The district court had substantially accepted the magistrate judge's recommendation to deny the complaint. The Court of Appeals also denied McKinnedy's motion for reconsideration and motion for appointment of counsel, finding no reversible error in the district court's rulings.

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    Filed: 2010-09-02 Precedential Status: Non-Precedential Docket: 10-6456

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    The United States Court of Appeals for the Fourth Circuit affirmed the district court's orders denying relief to William Clayton McKinnedy, III on his 42 U.S.C. § 1983 complaint against various South Carolina Department of Corrections officials and employees. The district court had substantially accepted the magistrate judge's recommendation to deny the complaint. The Court of Appeals also denied McKinnedy's motion for reconsideration and motion for appointment of counsel, finding no reversible error in the district court's rulings.

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    McKinnedy v. Reynolds, 4th Cir. (2010)

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    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit affirmed the district court's orders denying relief to William Clayton McKinnedy, III on his 42 U.S.C. § 1983 complaint against various South Carolina Department of Corrections officials and employees. The district court had substantially accepted the magistrate judge's recommendation to deny the complaint. The Court of Appeals also denied McKinnedy's motion for reconsideration and motion for appointment of counsel, finding no reversible error in the district court's rulings.

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    of 3

    Certiorari dismissed, March 7, 2011

    UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT

    No. 10-6456

    WILLIAM CLAYTON MCKINNEDY, III,


    Plaintiff - Appellant,
    v.
    MRS.
    CECIL
    REYNOLDS,
    Warden
    at
    Kershaw
    Correctional
    Institution and et al.; MR. ROBERT E. WARD, a/k/a Bob Ward;
    JON OZMINT; MARK SANFORD; MIKE FAIR; HENRY DARGAN MCMASTER;
    MS. MARY COLEMAN; MS. SANDRA BOWIE; MS. A. HARDIN; MRS. A.
    SELLERS;
    JEROME
    ARMSTRONG;
    MR.
    SYLVESTA
    ROBINSON,
    Investigator; JAMES WAKELEY; BECKWITH, NFN; JAMES BAYTES;
    ROBERT HUGGINS, a/k/a Bob Huggins; JERRY WASHINGTON; T.
    SMITH; MRS. PRICE, Contraband Sgt of Palmetto; SEWARD; NFN
    DUBOSE; PATRICIA CAUDLE, Officer at Medical; DAVID M.
    TATARSKY; ROBERT WESLEY JACOBS; OSCAR FAULKENBERRY; CAPTAIN
    THOMAS, Kershaw Correctional Institution; DANIEL J. MURPHY,
    Inspector General of SCDC; LINDA J. MARTIN, OPNS, Secretary
    General Counsel, SCDCs headquarters; DENNIS PATTERSON, SCDC
    General Counsel Office,
    Defendants - Appellees.

    Appeal from the United States District Court for the District of
    South Carolina, at Greenville.
    Henry M. Herlong, Jr., Senior
    District Judge. (6:08-cv-03169-HMH)

    Submitted:

    August 26, 2010

    Decided:

    September 2, 2010

    Before KING and DUNCAN, Circuit Judges, and HAMILTON, Senior


    Circuit Judge.

    Affirmed by unpublished per curiam opinion.

    William Clayton McKinnedy, III, Appellant Pro Se.


    Steven
    Michael Pruitt, MCDONALD, PATRICK, TINSLEY, BAGGETT & POSTON,
    Greenwood, South Carolina, for Appellees.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    William Clayton McKinnedy, III, appeals the district
    courts orders substantially accepting the recommendation of the
    magistrate

    judge

    and

    denying

    relief

    on

    his

    42

    U.S.C.

    1983

    (2006) complaint and denying his motion for reconsideration.


    have

    reviewed

    the

    record

    and

    find

    no

    reversible

    We

    error.

    Accordingly, we affirm for the reasons stated by the district


    court.

    McKinnedy

    Feb. 5, 2010).

    v.

    Reynolds,

    No.

    6:08-cv-03169-HMH

    (D.S.C.

    We deny McKinnedys motion for appointment of

    counsel and dispense with oral argument because the facts and
    legal
    before

    contentions
    the

    court

    are

    adequately

    and

    argument

    presented

    would

    not

    in
    aid

    the
    the

    materials
    decisional

    process.
    AFFIRMED

    Because the case was dismissed on summary judgment, the


    district
    court
    did
    not
    adopt
    the
    magistrate
    judges
    recommendation to count the dismissal as a strike for purposes
    of the Prison Litigation Reform Act, 28 U.S.C. 1915 (2006).

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