UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-7906

CECIL SIMMONS, a/k/a Cecil Allen Simmons,

Plaintiff - Appellant,

v.

DIRECTOR OZMINT; CAPTAIN BRIHART; DEBORAH ROWE, Hearing Officer; MR. BURTT,

Defendants - Appellees.

Appeal from the United States District Court for the District of South Carolina, at Greenville. R. Bryan Harwell, District Judge. (6:08-cv-00860-RBH)

Submitted: January 14, 2010 Decided: January 22, 2010

Before MOTZ, GREGORY, and SHEDD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Cecil Simmons, Appellant Pro Se. William Henry Davidson, II, Matthew Blaine Rosbrugh, DAVIDSON & LINDEMANN, PA, Columbia, South Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Cecil Simmons seeks to appeal the district court’s

order accepting the recommendation of the magistrate judge and

denying relief on his

(2006) complaint.

Simmons, who filed a motion for reconsideration with the

district court pursuant to Fed. R. Civ. P. 59(e) prior to filing

his notice of appeal, requests only that this court remand the

case to the district court so he may re-file objections to the

magistrate judge’s report and recommendation after his initial

objections were destroyed in the mail. However, the district

court has granted Simmons’s motion and given him the opportunity

to file his objections. Accordingly, we dismiss the appeal as

moot. 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.

DISMISSED

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