U.S. Court of Appeals for the Fourth Circuit, 2024

Timothy McNeal v. J. Hutchinson

Timothy McNeal v. J. Hutchinson
U.S. Court of Appeals for the Fourth Circuit · Decided April 1, 2024

Timothy McNeal v. J. Hutchinson

Opinion

USCA4 Appeal: 22-7319 Doc: 15 Filed: 04/01/2024 Pg: 1 of 2

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 22-7319

TIMOTHY MCNEAL, Plaintiff - Appellant, v. J. HUTCHINSON, Acting Warden; C. NEVILS; MR. GLENN; MS. LANHAM; MS. NECOMB; MR. TAYLOR; MS. JOHNSON; MS. V. MARTIN, Defendants - Appellees.

Appeal from the United States District Court for the District of South Carolina, at Charleston. Joseph F. Anderson, Jr., Senior District Judge. (2:21-cv-03431-JFA)

Submitted: March 21, 2024 Decided: April 1, 2024

Before THACKER and HEYTENS, Circuit Judges, and MOTZ, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Timothy McNeal, Appellant Pro Se. Beth Drake, Assistant United States Attorney, Jennifer L. Mallory, OFFICE OF THE UNITED STATES ATTORNEY, Columbia, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

USCA4 Appeal: 22-7319 Doc: 15 Filed: 04/01/2024 Pg: 2 of 2

PER CURIAM: Timothy McNeal appeals the district court’s order granting Defendants’ motion to dismiss, or in the alternative, for summary judgment, and dismissing his complaint, which raised Fourth, Fifth, and Eighth Amendment claims against several prison employees under Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971).

We have reviewed the record and find no reversible error. Accordingly, we affirm the district court’s order. See McNeal v. Hutchinson, No. 2:21-cv-03431-JFA (D.S.C. Nov. 2, 2022). We further deny McNeal’s motion for default. 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

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