Summary
holding that "[t]he facts alleged by Plaintiff fall short of the requisite standard because his requests to staff expressed no more than a generalized concern that he would be drawn into a confrontation with [his cellmate] based upon Plaintiff's disdain for [the cellmate's] behavior" where the plaintiff requested his cellmate be "moved to another cell, in order to prevent the potential physical confrontation that is sure to come"
Summary of this case from Marin v. WilliamsOpinion
No. 12-6463
08-06-2012
ROBERT SELEST DRAYTON, Plaintiff - Appellant, v. WARDEN LEVERN COHEN, Ridgeland Correctional Institution; LT. JOSEPH POWELL; NURSE K. KAY, LPN; LIEUTENANT D. LLOYD; SERGEANT J. PERRY; MRS. CONNELLY, Medical Supervisor Lieber Corr.; NURSE JENNIFER SCOTT, LPN; WARDEN WAYNE MCCABE, Lieber Correctional Inst; MR. SERGEANT SIMMONS, Defendants - Appellees.
Robert Selest Drayton, Appellant Pro Se. Christy L. Scott, SCOTT & PAYNE LAW FIRM, Walterboro, South Carolina, for Appellees.
UNPUBLISHED
Appeal from the United States District Court for the District of South Carolina, at Charleston. Timothy M. Cain, District Judge. (2:10-cv-03171-TMC)
Before AGEE, DAVIS, and DIAZ, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Robert Selest Drayton, Appellant Pro Se. Christy L. Scott, SCOTT & PAYNE LAW FIRM, Walterboro, South Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit. PER CURIAM:
Robert Selest Drayton appeals the district court's order accepting in part and rejecting in part the recommendation of the magistrate judge and denying relief on Drayton's 42 U.S.C. § 1983 (2006) complaint. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court and deny Drayton's motion to appoint appellate counsel. Drayton v. Cohen, No. 2:10-cv-03171-TMC (D.S.C. Feb. 29, 2012). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.
AFFIRMED