Escolar Documentos
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Cultura Documentos
No. 16-6102
Appeal from the United States District Court for the Northern
District of West Virginia, at Wheeling.
Frederick P. Stamp,
Jr., Senior District Judge. (5:15-cv-00050-FPS-JES)
Submitted:
Decided:
PER CURIAM:
Dean Kinder appeals the district courts judgment adopting
the magistrate judges recommendation to dismiss his 42 U.S.C.
1983 (2012) action for failure to state a claim.
we
confine
brief.
our
review
to
the
issues
raised
in
On appeal,
the
informal
affirm.
Kinder
declining
first
to
argues
sanction
that
the
Defendants
district
for
court
perjury
erred
in
committed
by
to
dismiss.
The
apparent
misrepresentation
by
11(b)(2), (3), (c); In re Bees, 562 F.3d 284, 288 (4th Cir.
2009) (distinguishing between counsels inadvertent mistake and
statement
in
sanctions
was
bad
faith).
procedurally
However,
improper,
Kinders
see
Fed.
request
R.
Civ.
for
P.
the
magistrate
corrected it.
judge
independently
investigated
and
Kinder
challenges
the
district
courts
repeated
the
court
did
not
abuse
its
discretion
in
We
denying
declining
to
appoint
counsel,
as
Kinders
articulate
See
Kolon Indus. Inc. v. E.I. DuPont de Nemours & Co., 748 F.3d 160,
172 (4th Cir.) (standard of review for discovery matters), cert.
denied, 135 S. Ct. 437 (2014); Miller v. Simmons, 814 F.2d 962,
966 (4th Cir. 1987) (standard of review for denial of counsel);
Whisenant v. Yuam, 739 F.2d 160, 163 (4th Cir. 1984) (addressing
factors
relevant
abrogated
on
490 U.S.
296
district
courts
to
other
appointment
grounds
(1989).
by
counsel
Mallard
Finally,
factual
of
while
recitation
v.
in
civil
U.S.
Kinder
regarding
Dist.
cases),
Court,
challenges
grievances
the
he
with
oral
argument
because
the
facts
and
We
legal
contentions
are
adequately
presented
in
the
materials
before
this court and argument would not aid the decisional process.
AFFIRMED