U.S. Court of Appeals for the Fourth Circuit, 2015

Butchie Stemple v. Bobby Shearin

Butchie Stemple v. Bobby Shearin
U.S. Court of Appeals for the Fourth Circuit · Decided July 29, 2015 · Niemeyer, Duncan, Hamilton
610 F. App'x 337

Butchie Stemple v. Bobby Shearin

Opinion

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit. *338 PER CURIAM:

Butchie J. Stemple appeals the district court’s order granting summary judgment to Appellees on his 42 U.S.C. § 1983 (2012) claims. We have reviewed the record and find no reversible error. Accordingly, we deny Stemple’s motion for appointment of counsel and affirm substantially on the reasoning of the district court. * Stemple v. Shearin, No. 1:14-cv-01739-ELH, 2015 WL 461861 (D.Md. Feb. 3, 2015). 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.

*

Although Stemple's claim for equitable relief may not have been barred by Appellees' qualified immunity, see Wall v. Wade, 741 F.3d 492, 497 n. 9 (4th Cir. 2014) (noting that qualified immunity is inapplicable to claims for equitable relief), we conclude that the claim nevertheless fails on the merits. See Republican Party of N.C. v. Martin, 980 F.2d 943, 952 (4th Cir. 1992) ("[W]e may affirm a judgment for any reason appearing on the record.”). See generally Wall, 741 F.3d at 498-99 (providing test for determining when prison policy violates First Amendment).

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