UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-1749

RALEIGH MASON; JERRY ADAMS,

Plaintiffs - Appellants,

v.

CITY OF WELLSBURG; WAYNE CAMPBELL, its Mayor, in his official capacity and individually,

Defendants - Appellees.

Appeal from the United States District Court for the Northern District of West Virginia, at Wheeling. Frederick P. Stamp, Jr., Senior District Judge. (5:07-cv-00030-FPS)

Submitted: August 26, 2009 Decided: January 27, 2010

Before TRAXLER, Chief Judge, HAMILTON, Senior Circuit Judge, and Mark S. DAVIS, United States District Judge for the Eastern District of Virginia, sitting by designation.

Affirmed by unpublished per curiam opinion.

Paul Joseph Harris, Wheeling, West Virginia, for Appellants. Amy M. Smith, STEPTOE & JOHNSON PLLC, Clarksburg, West Virginia; Melanie M. Norris, STEPTOE & JOHNSON PLLC, Wheeling, West Virginia, for Appellees.

Unpublished opinions are not binding precedent in this circuit.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

Raleigh Mason and Jerry Adams appeal the district court’s

order granting summary judgment sua sponte to the City of

Wellsburg and Mayor Wayne Campbell. We have reviewed the record

and find no reversible error. Accordingly, we affirm for the

reasons stated by the district court. Mason v. City of

Wellsburg, No. 5:07-cv-00030-FPS (N.D. W. Va. June 6, 2008). 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

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