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    Jack Vigue, a Virginia inmate, appealed the denial of his motions to enforce a settlement agreement in his 42 U.S.C. § 1983 civil rights action against prison officials. The Fourth Circuit affirmed the magistrate judge's ruling, finding no abuse of discretion. However, the court modified the ruling to dismiss without prejudice claims of retaliatory transfers, false information in files, failure to investigate, and failure to protect, which the magistrate did not review. The Fourth Circuit affirmed the magistrate's reasoning and found the appeal lacked merit.

    Original Description:

    Filed: 1992-12-31 Precedential Status: Non-Precedential Citations: 983 F.2d 1059 Docket: 92-6904

    Original Title

    Jack Ray Vigue v. Fred W. Greene John E. Lightfoot Edward L. Vasser Drew Thompson Eugene Johnson Julie Bonds Louis B. Cei, Doctor Copeland, Nurse Robert M. Landon, Director Terry C. Richtmyer Ed Foley C. A. Neff Lieutenant Gochenour Sergeant Frazier Corporal White C/o Blackwell Robert Spann T. J. Towberman E. Joe Waters Patrick Gurney James Sisk J. P. Mitchell Sherman L. Townley W. A. Crenshaw Herbert Bryant Dave K. Smith J. R. Killeen Dorothy Farrar L. Icenhour Corporal Smith P. C. Burwell H. Coles Larry Hawkins Dr. Gulmatico J. J. Hayes Corporal Robertson Hanks, Correctional Officer, 983 F.2d 1059, 4th Cir. (1992)

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    Jack Vigue, a Virginia inmate, appealed the denial of his motions to enforce a settlement agreement in his 42 U.S.C. § 1983 civil rights action against prison officials. The Fourth Circuit affirmed the magistrate judge's ruling, finding no abuse of discretion. However, the court modified the ruling to dismiss without prejudice claims of retaliatory transfers, false information in files, failure to investigate, and failure to protect, which the magistrate did not review. The Fourth Circuit affirmed the magistrate's reasoning and found the appeal lacked merit.

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    8 views2 pages

    United States Court of Appeals, Fourth Circuit

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    Jack Vigue, a Virginia inmate, appealed the denial of his motions to enforce a settlement agreement in his 42 U.S.C. § 1983 civil rights action against prison officials. The Fourth Circuit affirmed the magistrate judge's ruling, finding no abuse of discretion. However, the court modified the ruling to dismiss without prejudice claims of retaliatory transfers, false information in files, failure to investigate, and failure to protect, which the magistrate did not review. The Fourth Circuit affirmed the magistrate's reasoning and found the appeal lacked merit.

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    of 2

    983 F.

    2d 1059

    NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of


    unpublished dispositions is disfavored except for establishing
    res judicata, estoppel, or the law of the case and requires
    service of copies of cited unpublished dispositions of the Fourth
    Circuit.
    Jack Ray VIGUE, Plaintiff-Appellant,
    v.
    Fred W. GREENE; John E. Lightfoot; Edward L. Vasser;
    Drew
    Thompson; Eugene Johnson; Julie Bonds; Louis B. Cei,
    Doctor; Copeland, Nurse; Robert M. Landon, Director; Terry
    C. Richtmyer; Ed Foley; C. A. Neff; Lieutenant Gochenour;
    Sergeant Frazier; Corporal White; C/O Blackwell; Robert
    Spann; T. J. Towberman; E. Joe Waters; Patrick Gurney;
    James Sisk; J. P. Mitchell; Sherman L. Townley; W. A.
    Crenshaw; Herbert Bryant; Dave K. Smith; J. R. Killeen;
    Dorothy Farrar; L. Icenhour; Corporal Smith; P. C.
    Burwell; H. Coles; Larry Hawkins; Dr. Gulmatico; J. J.
    Hayes; Corporal Robertson; Hanks, Correctional Officer,
    Defendants-Appellees.
    No. 92-6904.

    United States Court of Appeals,


    Fourth Circuit.
    Submitted: October 30, 1992
    Decided: December 31, 1992

    Appeal from the United States District Court for the Eastern District of
    Virginia, at Richmond. David G. Lowe, Magistrate Judge. (CA-84-208-R,
    CA-84-239, CA-84-546)
    Jack Ray Vigue, Appellant Pro Se.

    William Rundahl Coleman, Office of the Attorney General of Virginia,


    Richmond, Virginia, for Appellees.
    E.D.Va.
    Affirmed.
    Before NIEMEYER, HAMILTON, and WILLIAMS, Circuit Judges.
    PER CURIAM:

    OPINION
    1

    Jack Vigue, a Virginia inmate, appeals the magistrate judge's order denying his
    motions to enforce a settlement agreement in Vigue's 42 U.S.C. 1983 (1988)
    action.* Our review of the record discloses that the magistrate judge did not
    abuse his discretion and this appeal is without merit. Accordingly, we affirm on
    the reasoning of the magistrate judge. Vigue v. Greene, Nos. CA-84-208-R,
    CA-84-239, CA-84546 (E.D. Va. Aug. 14, 1992). However, we modify the
    magistrate judge's order to dismiss without prejudice those claims the
    magistrate judge refused to review and identified as allegations of retaliatory
    transfers, placement of false information in plaintiff's files, failure to
    investigate, and failure to protect. 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

    The magistrate judge exercised jurisdiction pursuant to 28 U.S.C.A. 636(c)(1)


    (West Supp. 1992)

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