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122 F. App'x 40

Elkins v. Broome

U.S. Courts of Appeals

Decided February 16, 2005

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U.S. Courts of Appeals · decided 2005-02-16

Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))

Affirmed by unpublished per curiam opinion · Decided 2005-02-16

PER CURIAM:

¶1 John E. Elkins appeals the district court’s order granting summary judgment in favor of the defendant arresting police officer in his 42 U.S.C. § 1983 (2000) action in which he alleged violations of the First and Fourth Amendments in relation to his arrest. He also appeals magistrate judge orders that sanctioned him under Fed.R.Civ.P. 37(a)(4) for his refusal to answer questions during two scheduled depositions. We have reviewed the record and find no reversible error. Accordingly, we affirm on the reasoning of the district court and magistrate judge. See Elkins v. Broome, No. CA-02-305-1 (M.D.N.C. Jan. 12, 2004; June 24, 2004; and July 26, 2004). 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.

¶2 AFFIRMED

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