Terry Capone v. The City of Columbia ( 2021 )

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 20-1904 TERRY H. CAPONE, Plaintiff - Appellant, v. THE CITY OF COLUMBIA, Employer; COMPANION THIRD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. Appeal from the United States District Court for the District of South Carolina, at Columbia. Cameron McGowan Currie, Senior District Judge. (3:19-cv-02490-CMC) Submitted: March 23, 2021 Decided: March 26, 2021 Before THACKER, QUATTLEBAUM, and RUSHING, Circuit Judges. Affirmed by unpublished per curiam opinion. Terry H. Capone, Appellant Pro Se. Jacqueline Marie Pavlicek, OFFICE OF THE CITY ATTORNEY, Columbia, South Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: 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 (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 2