Jacob Peyton v. J. Carico, No. 11-6720 (4th Cir. 2011)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 11-6720 JACOB D. PEYTON, Plaintiff - Appellant, v. J. CARICO, Sergeant; R. ROBINSON, Defendants - Appellees, and BRYAN WATSON; HARVEY; C/O ROBERTS; SCARBERRY, Defendants. Appeal from the United States District Court for the Western District of Virginia, at Roanoke. James P. Jones, District Judge. (7:09-cv-00492-JPJ-PMS) Submitted: October 31, 2011 Decided: November 29, 2011 Before KING, AGEE, and DIAZ, Circuit Judges. Affirmed by unpublished per curiam opinion. Jacob D. Peyton, Appellant Pro Se. John Michael Parsons, Assistant Attorney General, Richmond, Virginia, for Appellees. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Jacob D. Peyton appeals the district court s order accepting the recommendation of the magistrate judge and denying relief on Peyton s excessive force claim in his 42 U.S.C. § 1983 (2006) action. We reversible error. have reviewed the record and find no Accordingly, we affirm for the reasons stated by the district court. Peyton v. Carico, No. 7:09-cv-00492-JPJ- PMS (W.D. Va. May 20, 2011). for injunctive relief. We further deny Peyton s motion 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 2

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