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  • Cabbagestalk v. Blowe, 4th Cir. (2009)

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    Shaheen Cabbagestalk filed a 42 USC §1983 action against numerous prison officials alleging violations of his civil rights. The district court dismissed the action for failure to prosecute under Rule 41(b) of the Federal Rules of Civil Procedure. Cabbagestalk appealed. The Fourth Circuit affirmed the district court's dismissal, finding no reversible error. The Fourth Circuit also denied Cabbagestalk's motion for summary judgment and dispensed with oral argument, finding the facts and legal issues were adequately presented in the materials before the court.

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    Filed: 2009-11-19 Precedential Status: Non-Precedential Docket: 09-6815

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    Shaheen Cabbagestalk filed a 42 USC §1983 action against numerous prison officials alleging violations of his civil rights. The district court dismissed the action for failure to prosecute under Rule 41(b) of the Federal Rules of Civil Procedure. Cabbagestalk appealed. The Fourth Circuit affirmed the district court's dismissal, finding no reversible error. The Fourth Circuit also denied Cabbagestalk's motion for summary judgment and dispensed with oral argument, finding the facts and legal issues were adequately presented in the materials before the court.

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    Cabbagestalk v. Blowe, 4th Cir. (2009)

    Uploaded by

    Scribd Government Docs
    Shaheen Cabbagestalk filed a 42 USC §1983 action against numerous prison officials alleging violations of his civil rights. The district court dismissed the action for failure to prosecute under Rule 41(b) of the Federal Rules of Civil Procedure. Cabbagestalk appealed. The Fourth Circuit affirmed the district court's dismissal, finding no reversible error. The Fourth Circuit also denied Cabbagestalk's motion for summary judgment and dispensed with oral argument, finding the facts and legal issues were adequately presented in the materials before the court.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 09-6815

    SHAHEEN CABBAGESTALK,
    Plaintiff - Appellant,
    v.
    MS. BLOWE; OFFICER K. BROWN; NURSE MS. SULLIVAN; NURSE MS.
    DUN;
    LIEUTENANT
    LANCASTEIN;
    SERGEANT
    DAVID
    MERRITTS;
    SERGEANT GARY MANIGAULT; OFFICER MICHAEL LAWRENCE; CORPORAL
    M.
    SMALLS;
    OFFICER
    JAMES
    JOHNSON;
    LIEUTENANT
    CLASSE
    THOMPSON; OFFICER RICHARD ALLEN; OFFICER MONIQUE STEWART;
    CAPTAIN NUMMALLEY; DOCTOR BABB; NURSE AUSTIN; ASST. WARDEN
    MR. BODISON; MR. REEVES, Food Supervisor; MS. WALKER,
    Mailroom Lady; SERGEANT MS. PERRY; MS. JENKINS, Grievance
    Coordinator; LIEUTENANT KING; OFFICER CHARLES RODGERS;
    SERGEANT VONMITIUS; OFFICER PALMER; LIEUTENANT WILLIAMS;
    OFFICER COX; CORPORAL SMITH; SERGEANT MEYERS; OFFICER
    WILLIAMS; SERGEANT ELMO; SERGEANT JONES; OFFICER ARANDA;
    OFFICER GOODWIN; CORPORAL SELBY; OFFICER SIMMONS; OFFICER
    MCDONALD; SERGEANT STRADFORD; SERGEANT JEFFERSON; SERGEANT
    TERRANCE FORDE,
    Defendants - Appellees.

    Appeal from the United States District Court for the District of
    South Carolina, at Columbia.
    Sol Blatt, Jr., Senior District
    Judge. (3:08-cv-01639-SB)

    Submitted:

    October 23, 2009

    Decided:

    November 19, 2009

    Before MICHAEL, DUNCAN, and AGEE, Circuit Judges.

    Affirmed by unpublished per curiam opinion.

    Shaheen Cabbagestalk, Appellant Pro Se.


    STUCKEY LAW OFFICES, PA, Charleston,
    Appellees.

    William J. Thrower,
    South Carolina, for

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Shaheen

    Cabbagestalk

    appeals

    the

    district

    courts

    order accepting the recommendation of the magistrate judge and


    dismissing his 42 U.S.C. 1983 (2006) action for failure to
    prosecute under Fed. R. Civ. P. 41(b).
    record and find no reversible error.

    We have reviewed the

    Accordingly, we affirm for

    the reasons stated by the district court.

    See Cabbagestalk v.

    Blowe, No. 3:08-cv-01639-SB (D.S.C. Feb. 27, 2009).


    Cabbagestalks motion for summary judgment.
    oral

    argument

    adequately

    because

    presented

    in

    the
    the

    facts

    and

    materials

    We deny

    We dispense with

    legal
    before

    contentions
    the

    court

    are
    and

    argument would not aid the decisional process.


    AFFIRMED

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