Gregory v. SC Dept of Transportation

U.S. Court of Appeals for the Fourth Circuit

Gregory v. SC Dept of Transportation

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 03-2422

LEONARD GREGORY,

Plaintiff - Appellant,

versus

SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION; BECKY DICKSON; OSCAR K. RUCKER; U.S. DEPARTMENT OF HOUSING & URBAN DEVELOPMENT; LONNA BLUE; CHARLES STIGGER; CLAUDIA WILKES,

Defendants - Appellees,

and

DUDLEY GREGORY,

Defendant.

Appeal from the United States District Court for the District of South Carolina, at Charleston. David C. Norton, District Judge. (CA-03-1651-18-2)

Submitted: October 27, 2004 Decided: November 17, 2004

Before TRAXLER and SHEDD, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Chalmers C. Johnson, CHALMERS JOHNSON LAW FIRM, Charleston, South Carolina, for Appellant. J. Strom Thurmond, Jr., United States Attorney, John H. Douglas, Assistant United States Attorney, Charleston, South Carolina; Robert L. Widener, MCNAIR LAW FIRM, P.A., Columbia, South Carolina, Michael A. Scardato, MCNAIR LAW FIRM, P.A., Charleston, South Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.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

- 2 - PER CURIAM:

Leonard Gregory appeals the district court’s order

dismissing this action because the State Defendants are immune from

suit under the Eleventh Amendment and his claims against the

Federal Defendants are barred by sovereign immunity. We have

reviewed the record and find no reversible error. Accordingly, we

affirm for the reasons stated by the district court. See Gregory

v. South Carolina Dep’t of Transp., No. CA-03-1651-18-2 (D.S.C.

Oct. 29, 2003). We dispense with oral argument because the facts

and legal contentions are adequately presented in the materials

before the court and argument would not aid the decisional process.

AFFIRMED

- 3 -

Reference

Status
Unpublished