CAPONE v. CITY OF COLUMBIA (2021)

United States Court of Appeals, Fourth Circuit.

Terry H. CAPONE, Plaintiff - Appellant, v. The CITY OF COLUMBIA, Employer; Companion Third Party Administrators; South Carolina Workers’ Compensation Commission; Doris McCubbins, In her individual capacity; Henry Gene McCaskill, In his individual capacity; Dr. Michael Green; Richland County Ombudsman's Office, Defendants - Appellees.

No. 20-1904

Decided: March 26, 2021

Before THACKER, QUATTLEBAUM, and RUSHING, Circuit Judges.

Terry H. Capone, Appellant Pro Se. Jacqueline Marie Pavlicek, OFFICE OF THE CITY ATTORNEY, Columbia, South Carolina, for Appellees.

Terry H. Capone appeals the district court's order accepting the recommendation of the magistrate judge and dismissing Capone's employment action for failure to state a claim. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. Capone v. City of Columbia, No. 3:19-cv-02490-CMC, 2020 WL 4745563 (D.S.C. Aug. 17, 2020). We deny Capone's motion to hold this appeal in abeyance. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

AFFIRMED

PER CURIAM:

Affirmed by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.

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