U.S. Court of Appeals for the Fourth Circuit, 2012

Franklin Reaves v. Mark Richardson

U.S. Court of Appeals for the Fourth Circuit · Decided April 24, 2012 · Niemeyer, Shedd, Floyd

471 F. App'x 251

Opinion

PER CURIAM:

Franklin C. Reaves appeals the district court’s order denying his motions for a stay and to alter or amend the court’s prior order accepting the recommendation of the magistrate judge and dismissing his 42 U.S.C. § 1983 (2006) civil rights action * and accepting the recommendation of the magistrate judge and granting the motions for attorney’s fees filed by several Defendants. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. Reaves v. Richardson, No. 4:09-cv-00820-TLW-SVH, 2011 WL 5321013 (D.S.C. Nov. 3, 2011). 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.

Because Reaves filed his motion for reconsideration of the court's order dismissing his § 1983 action within the twenty-eight-day time limit for motions under Fed.R.Civ.P. 59(e), we treat the motion as a Rule 59(e) motion to alter or amend judgment. Katyle v. Penn Nat'l Gaming, Inc., 637 F.3d 462, 471 n. 4 (4th Cir.), cert. denied, - U.S. -, 132 S.Ct. 115, 181 L.Ed.2d39 (2011).

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