UNPUBLISHED

UNITED STATES COURT OF APPEALS 

FOR THE FOURTH CIRCUIT 

No. 08-1955

RODNEY KEITH LAIL, 

 Plaintiff – Appellant, 

 and 

JAMES SPENCER; IRENE SANTACROCE; RICKY STEPHENS; MARGUERITE 

STEPHENS; DORIS HOLT; NICHOLAS C. WILLIAMSON; SOUTHERN 

HOLDINGS, INCORPORATED, 

 Plaintiffs, 

 v. 

HORRY COUNTY, SOUTH CAROLINA; HORRY COUNTY POLICE 

DEPARTMENT; JAMES ALBERT ALLEN, JR.; SIDNEY RICK THOMPSON; 

JEFFREY S. CALDWELL; CHARLES MCCLENDON; JAY BRANTLY; ANDY 

CHRISTENSEN; MICHAEL STEVEN HARTNESS; HAROLD STEVEN 

HARTNESS, 

 Defendants – Appellees, 

 and 

CITY OF MYRTLE BEACH, SC; MYRTLE BEACH POLICE DEPARTMENT; 

WARREN GALL, individually and in his official capacity as an 

officer with the Myrtle Beach Police Department; RICHARD 

PAROSH, individually and in his official capacity; J.L. 

ZIMMERMAN, individually and in his official capacity; 

RICHARD B. WAY; JOHN DOES; HORRY COUNTY SHERIFF’S 

DEPARTMENT; ANCIL B. GARVIN, III; DAVID SMITH, 

 Defendants. 
No. 08-1962

RICKY STEPHENS, 

 Plaintiff – Appellant, 

 and 

RODNEY KEITH LAIL; JAMES SPENCER; IRENE SANTACROCE; 

MARGUERITE STEPHENS; DORIS HOLT; NICHOLAS C. WILLIAMSON; 

SOUTHERN HOLDINGS, INCORPORATED, 

 Plaintiffs, 

 v. 

HORRY COUNTY, SOUTH CAROLINA; HORRY COUNTY POLICE 

DEPARTMENT; JAMES ALBERT ALLEN, JR.; SIDNEY RICK THOMPSON; 

JEFFREY S. CALDWELL; CHARLES MCCLENDON; JAY BRANTLY; ANDY 

CHRISTENSEN; MICHAEL STEVEN HARTNESS; HAROLD STEVEN 

HARTNESS, 

 Defendants – Appellees, 

 and 

CITY OF MYRTLE BEACH SC; MYRTLE BEACH POLICE DEPARTMENT; 

WARREN GALL, individually and in his official capacity as an 

officer with the Myrtle Beach Police Department; RICHARD 

PAROSH, individually and in his official capacity; J.L. 

ZIMMERMAN, individually and in his official capacity; 

RICHARD B. WAY; JOHN DOES; HORRY COUNTY SHERIFF’S 

DEPARTMENT; ANCIL B. GARVIN, III; DAVID SMITH, 

 Defendants. 

2 
No. 08-1964

MARGUERITE STEPHENS, 

 Plaintiff - Appellant, 

 and 

RODNEY KEITH LAIL; JAMES SPENCER; IRENE SANTACROCE; RICKY 

STEPHENS, DORIS HOLT; NICHOLAS C. WILLIAMSON; SOUTHERN 

HOLDINGS, INCORPORATED, 

 Plaintiffs, 

 v. 

HORRY COUNTY, SOUTH CAROLINA; HORRY COUNTY POLICE 

DEPARTMENT; JAMES ALBERT ALLEN, JR.; SIDNEY RICK THOMPSON; 

JEFFREY S. CALDWELL; CHARLES MCCLENDON; JAY BRANTLY; ANDY 

CHRISTENSEN; MICHAEL STEVEN HARTNESS; HAROLD STEVEN 

HARTNESS, 

 Defendants – Appellees, 

 and 

CITY OF MYRTLE BEACH SC; MYRTLE BEACH POLICE DEPARTMENT; 

WARREN GALL, individually and in his official capacity as an 

officer with the Myrtle Beach Police Department; RICHARD 

PAROSH, individually and in his official capacity; J.L. 

ZIMMERMAN, individually and in his official capacity; 

RICHARD B. WAY; JOHN DOES; HORRY COUNTY SHERIFF’S 

DEPARTMENT; ANCIL B. GARVIN, III; DAVID SMITH, 

 Defendants. 

3 
No. 08-1965

JAMES SPENCER, 

 Plaintiff – Appellant, 

 and 

RODNEY KEITH LAIL; IRENE SANTACROCE; RICKY STEPHENS; 

MARGUERITE STEPHENS; DORIS HOLT; NICHOLAS C. WILLIAMSON; 

SOUTHERN HOLDINGS, INCORPORATED, 

 Plaintiffs, 

 v. 

HORRY COUNTY, SOUTH CAROLINA; HORRY COUNTY POLICE 

DEPARTMENT; JAMES ALBERT ALLEN, JR.; SIDNEY RICK THOMPSON; 

JEFFREY S. CALDWELL; CHARLES MCCLENDON; JAY BRANTLY; ANDY 

CHRISTENSEN; MICHAEL STEVEN HARTNESS; HAROLD STEVEN 

HARTNESS, 

 Defendants – Appellees, 

 and 

CITY OF MYRTLE BEACH SC; MYRTLE BEACH POLICE DEPARTMENT; 

WARREN GALL, individually and in his official capacity as an 

officer with the Myrtle Beach Police Department; RICHARD 

PAROSH, individually and in his official capacity; J.L. 

ZIMMERMAN, individually and in his official capacity; 

RICHARD B. WAY; JOHN DOES; HORRY COUNTY SHERIFF’S 

DEPARTMENT; ANCIL B. GARVIN, III; DAVID SMITH, 

 Defendants. 

4 
No. 08-1966

IRENE SANTACROCE, 

 Plaintiff – Appellant, 

 and 

RODNEY KEITH LAIL; JAMES SPENCER; RICKY STEPHENS; MARGUERITE 

STEPHENS; DORIS HOLT; NICHOLAS C. WILLIAMSON; SOUTHERN 

HOLDINGS, INCORPORATED, 

 Plaintiffs, 

 v. 

HORRY COUNTY, SOUTH CAROLINA; HORRY COUNTY POLICE 

DEPARTMENT; JAMES ALBERT ALLEN, JR.; SIDNEY RICK THOMPSON; 

JEFFREY S. CALDWELL; CHARLES MCCLENDON; JAY BRANTLY; ANDY 

CHRISTENSEN; MICHAEL STEVEN HARTNESS; HAROLD STEVEN 

HARTNESS, 

 Defendants – Appellees, 

 and 

CITY OF MYRTLE BEACH SC; MYRTLE BEACH POLICE DEPARTMENT; 

WARREN GALL, individually and in his official capacity as an 

officer with the Myrtle Beach Police Department; RICHARD 

PAROSH, individually and in his official capacity; J.L. 

ZIMMERMAN, individually and in his official capacity; 

RICHARD B. WAY; JOHN DOES; HORRY COUNTY SHERIFF’S 

DEPARTMENT; ANCIL B. GARVIN, III; DAVID SMITH, 

 Defendants. 

5 
No. 08-1967

DORIS HOLT, 

 Plaintiff – Appellant, 

 and 

RODNEY KEITH LAIL; JAMES SPENCER; IRENE SANTACROCE; RICKY 

STEPHENS; MARGUERITE STEPHENS; NICHOLAS C. WILLIAMSON; 

SOUTHERN HOLDINGS, INCORPORATED, 

 Plaintiffs, 

 v. 

HORRY COUNTY, SOUTH CAROLINA; HORRY COUNTY POLICE 

DEPARTMENT; JAMES ALBERT ALLEN, JR.; SIDNEY RICK THOMPSON; 

JEFFREY S. CALDWELL; CHARLES MCCLENDON; JAY BRANTLY; ANDY 

CHRISTENSEN; MICHAEL STEVEN HARTNESS; HAROLD STEVEN 

HARTNESS, 

 Defendants – Appellees, 

 and 

CITY OF MYRTLE BEACH SC; MYRTLE BEACH POLICE DEPARTMENT; 

WARREN GALL, individually and in his official capacity as an 

officer with the Myrtle Beach Police Department; RICHARD 

PAROSH, individually and in his official capacity; J.L. 

ZIMMERMAN, individually and in his official capacity; 

RICHARD B. WAY; JOHN DOES; HORRY COUNTY SHERIFF’S 

DEPARTMENT; ANCIL B. GARVIN, III; DAVID SMITH, 

 Defendants. 

Appeals from the United States District Court for the District 

of South Carolina, at Florence. R. Bryan Harwell, District 

Judge. (4:02-cv-01859-RBH) 

6 
Submitted: December 21, 2009 Decided: January 22, 2010 

Before MICHAEL, KING, and SHEDD, Circuit Judges. 

Affirmed by unpublished per curiam opinion. 

Rodney Keith Lail, Ricky Stephens, Marguerite Stephens, James 

Spencer, Irene Santacroce, Doris Holt, Appellants Pro Se. Andrew 

Lindemann, DAVIDSON & LINDEMANN, PA, Columbia, South Carolina; 

Sandra Jane Senn, Charleston, South Carolina; Edward Glenn 

Elliott, AIKEN, BRIDGES, NUNN, ELLIOTT & TYLER, PA, Florence, 

South Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit. 

7 
8 

PER CURIAM: 

 Rodney Lail, Ricky Stephens, Marguerite Stephens, 

James Spencer, Irene Santacroce, and Doris Holt appeal the 

district court’s orders denying their motion pursuant to Fed. R. 

Civ. P. 60(b) seeking relief from the dismissal of their case 

pursuant to a settlement agreement and denying their motion 

seeking disqualification of the district court judge. On 

appeal, we confine our review to the issues raised in the 

Appellants’ brief. See 4th Cir. R. 34(b). With respect to the 

court’s order denying the Appellants’ Rule 60(b) motion, the 

Appellants’ opening brief fails to challenge the district 

court’s dispositive conclusion that the motion was not timely 

filed. Accordingly, we affirm the district court’s order. With 

respect to the order declining to disqualify the district court 

judge, we have reviewed the record and find no error. We 

therefore affirm that order for the reasons stated by the 

district court. Southern Holdings, Inc. v. Horry County, South 

Carolina, No. 4:02-cv-01859-RBH (D.S.C. Aug. 13, 2009). We also 

deny the Appellants’ emergency ex parte request for issuance of 

a writ of mandamus. 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