Opinion
No. 10-2255.
Submitted: May 19, 2011.
Decided: May 23, 2011.
Appeal from the United States District Court for the Northern District of West Virginia, at Wheeling. Frederick P. Stamp, Jr., Senior District Judge. (5:10-cv-00027-FPS-JSK).
Greg Givens, Appellant Pro Se. Keith C. Gamble, Pullin, Fowler, Flanagan, Brown Poe, PLLC, Morgantown, West Virginia; Nathanial Adam Kuratomi, Jenkins Fenstermaker, PLLC, Huntington, West Virginia; Stephen Mark Fowler, Pullin, Fowler, Flanagan, Brown Poe, PLLC, Charleston, West Virginia, for Appellees.
Before TRAXLER, Chief Judge, and KEENAN, Circuit Judge.
This opinion is filed by a quorum of the panel pursuant to 28 U.S.C. § 46(d).
Dismissed in part, affirmed in part by unpublished PER CURIAM opinion.
Unpublished opinions are not binding precedent in this circuit.
Greg Givens appeals from the district court's order remanding his complaint to state court, vacating a previous sanctions order against Givens, and denying Givens' motions for sanctions and appointment of counsel. Givens' appellate claims regarding the sanctions order against him and his request for appointment of counsel are moot, given that the sanctions order was vacated and the case remanded at Givens' request. Accordingly, we dismiss this portion of the appeal.
Turning to Givens' appeal from the denial of his motion for sanctions against Defendants, we have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. Givens v. Main Street Fin. Servs., No. 5:10-cv-00027-FPS-JSK, 2010 WL 4386725 (N.D.W.Va. Oct. 28, 2010). We deny Givens' motion to strike t Appellees' brief. 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.
DISMISSED IN PART; AFFIRMED IN PART.