Opinion
No. 08-2223.
Submitted: April 23, 2009.
Decided: April 29, 2009.
Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Glen E. Conrad, District Judge. (7:05-cv-00776-gec).
Jerry A. Hurst, Appellant Pro Se. Maxwell Huddleston Wiegard, Gentry, Locke, Rakes Moore, Roanoke, Virginia, for Appellee.
Before MICHAEL and DUNCAN, Circuit Judges.
The opinion is filed by a quorum of the panel pursuant to 28 U.S.C. § 46(d) (2006).
Affirmed as modified by unpublished PER CURIAM opinion.
Unpublished opinions are not binding precedent in this circuit.
Jerry A. Hurst appeals from the district court's orders: (1) denying relief on his claims of fraud, conspiracy to commit fraud, and intentional infliction of emotional distress; (2) accepting the recommendation of the magistrate judge and granting summary judgment in favor of State Farm Mutual Automobile Insurance Company on his claims of breach of contract; and (3) denying his motions for reconsideration of those orders. We have reviewed the record and find no reversible error. Accordingly, we deny Hurst's motion for transcripts at government expense and affirm for the reasons stated by the district court. Hurst v. State Farm Mut. Auto. Ins. Co., No. 7:05-cv-00776-gec, 2007 WL 951692 (W.D.Va. filed Mar. 23, 2007 entered March 26, 2007); 2007 WL 2257633 (Aug. 6, 2007); 2008 WL 4394759 (Sept. 26, 2008); denied 2008 WL 4974786 (Nov. 21, 2008; entered Nov. 25, 2008). However, because the district court addressed the claims on the merits, we modify the district court's September 26, 2008 order to reflect that the dismissal is with prejudice. 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 AS MODIFIED.