James Hairston v. Gerald McPeak

U.S. Court of Appeals for the Fourth Circuit

James Hairston v. Gerald McPeak

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 15-7066

JAMES HAIRSTON,

Plaintiff - Appellant,

v.

GERALD MCPEAK, Superintendent; HAROLD W. CLARKE, Director; MARTY STALLARD, Director of Security,

Defendants - Appellees.

Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Elizabeth Kay Dillon, District Judge. (7:15-cv-00274-EKD-RSB)

Submitted: November 17, 2015 Decided: November 20, 2015

Amended: November 20, 2015

Before SHEDD, DUNCAN, and DIAZ, Circuit Judges.

Affirmed by unpublished per curiam opinion.

James Hairston, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

James Hairston appeals the district court’s orders denying

class certification, separating a jointly filed civil action

into separate civil actions under

42 U.S.C. § 1983

(2012), and

dismissing Hairston’s complaint without prejudice for failure to

comply with the court’s prior order to file an affidavit of his

intent to proceed and other documents. We have reviewed the

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

the reasons stated by the district court. Hairston v. McPeak,

No. 7:15-cv-00274-EKD-RSB (W.D. Va. June 3, 2015; June 4, 2015;

June 5, 2015; June 26, 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

2

Reference

Status
Unpublished