Georgia v. Peninsula Regional

U.S. Court of Appeals for the Fourth Circuit

Georgia v. Peninsula Regional

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 98-7245

CALVIN GEORGIA,

Plaintiff - Appellant,

versus

PENINSULA REGIONAL MEDICAL CENTER; DOCTOR KLUG; WICOMICO COUNTY SHERIFF'S DEPARTMENT; ROBIN ROBERTS; WICOMICO COUNTY DETENTION CENTER,

Defendants - Appellees,

and

GEORGIA TINGLE; DOCTOR SHARMA,

Defendants.

Appeal from the United States District Court for the District of Maryland, at Baltimore. Frederic N. Smalkin, District Judge. (CA- 98-33-S)

Submitted: November 30, 1998 Decided: December 21, 1998

Before WILKINS and KING, Circuit Judges, and BUTZNER, Senior Cir- cuit Judge.

Affirmed by unpublished per curiam opinion. Calvin Georgia, Appellant Pro Se. John Russell Penhallegon, Gary Elliott Dumer, Jr., CORNBLATT, BENNETT, PENHALLEGON & ROBERSON, P.A., Baltimore, Maryland; David Randolph Thompson, COWDREY, THOMP- SON & KARSTEN, P.A., Easton, Maryland; Kevin Bock Karpinski, ALLEN, JOHNSON, ALEXANDER & KARP, Baltimore, Maryland, for Appellees.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

2 PER CURIAM:

Calvin Georgia appeals the district court's order denying his

motion for default judgment/summary judgment on his

42 U.S.C.A. § 1983

(West Supp. 1998) complaint and granting summary judgment in

favor of Defendants-Appellees. We have reviewed the record and the

district court’s opinion and conclude the court did not abuse its

discretion in denying Georgia’s motion for default judgment against

Appellee Klug based on Klug’s failure to timely answer Georgia’s

complaint. We also conclude the court properly granted summary

judgment in favor of Defendants-Appellees because there was no

genuine issue of material fact and the Defendants-Appellees were

entitled to judgment as a matter of law. Accordingly, we affirm on

the reasoning of the district court. Georgia v. Peninsula Reg’l

Med. Ctr., No. CA-98-33-S (D. Md. July 29, 1998). We dispense with

oral argument because the facts and legal contentions are ade-

quately presented in the materials before the court and argument

would not aid the decisional process.

AFFIRMED

3

Reference

Status
Unpublished