UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 12-7846

JOHNATHAN SIMMONS, a/k/a Jonathan Dale Simmons,

Plaintiff - Appellant,

v.

JOHN VICKERS; MICHAEL NAJJAR; WARDEN MCCALL; OFFICER SMITH, et al,

Defendants - Appellees.

No. 12-7848

JONATHAN DALE SIMMONS,

Plaintiff - Appellant,

v.

SCDC; JOHN VICKERS; MICHAEL NAJJAR; WARDEN MCCALL; OFFICER SMITH,

Defendants - Appellees.

Appeals from the United States District Court for the District of South Carolina, at Aiken. Terry L. Wooten, District Judge. (1:09-cv-00653-TLW; 1:09-cv-00858-TLW)

Submitted: December 20, 2012 Decided: December 27, 2012 Before KING and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Jonathan Dale Simmons, Appellant Pro Se. James Victor McDade, DOYLE, O’ROURKE, TATE & MCDADE, PA, Anderson, South Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

2 PER CURIAM:

Jonathan Simmons appeals the district court’s order

denying as untimely his motion to alter or amend the court’s

order awarding the Defendants summary judgment on his

(2006) complaint. We have reviewed the record and find

no reversible error. Accordingly, we affirm for the reasons

stated by the district court. Simmons v. Vickers, No. 1:09-cv-

00653-TLW; Simmons v. S.C. Dep’t of Corr., No. 1:09-cv-00858-TLW

(D.S.C. Oct. 3; Oct. 2 2012). We dispense with oral argument

because the facts and legal contentions are adequately presented

in the materials before this court and argument would not aid

the decisional process.

AFFIRMED

3