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  • Barnard v. Durham, 4th Cir. (2004)

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    Joe Barnard appealed a district court's dismissal without prejudice of his 42 U.S.C. § 1983 complaint against Billy Durham. The Fourth Circuit Court of Appeals affirmed the district court's ruling, finding no reversible error. The appellate court reviewed the record and agreed with the district court's reasoning for dismissing the case. The appeals court also decided oral arguments were not necessary as the relevant facts and legal issues were adequately explained in the court documents.

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    Filed: 2004-02-26 Precedential Status: Non-Precedential Docket: 03-7899

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    Joe Barnard appealed a district court's dismissal without prejudice of his 42 U.S.C. § 1983 complaint against Billy Durham. The Fourth Circuit Court of Appeals affirmed the district court's ruling, finding no reversible error. The appellate court reviewed the record and agreed with the district court's reasoning for dismissing the case. The appeals court also decided oral arguments were not necessary as the relevant facts and legal issues were adequately explained in the court documents.

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    1 views2 pages

    Barnard v. Durham, 4th Cir. (2004)

    Uploaded by

    Scribd Government Docs
    Joe Barnard appealed a district court's dismissal without prejudice of his 42 U.S.C. § 1983 complaint against Billy Durham. The Fourth Circuit Court of Appeals affirmed the district court's ruling, finding no reversible error. The appellate court reviewed the record and agreed with the district court's reasoning for dismissing the case. The appeals court also decided oral arguments were not necessary as the relevant facts and legal issues were adequately explained in the court documents.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 03-7899

    JOE DAVID BARNARD,


    Plaintiff - Appellant,
    versus
    BILLY JOE DURHAM,
    Defendant - Appellee.

    Appeal from the United States District Court for the District of
    South Carolina, at Greenville. Henry M. Herlong, Jr., District
    Judge. (CA-03-3321-6-20BI)

    Submitted: February 19, 2004

    Decided:

    February 26, 2004

    Before NIEMEYER, GREGORY, and SHEDD, Circuit Judges.

    Affirmed by unpublished per curiam opinion.

    Joe David Barnard, Appellant Pro Se.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Joe David Barnard appeals the district courts order
    accepting the recommendation of the magistrate judge and dismissing
    without prejudice his 42 U.S.C. 1983 (2000) complaint pursuant to
    28 U.S.C. 1915(e)(2)(B) (2000).
    the

    district

    courts

    opinion

    We have reviewed the record and

    and

    find

    no

    reversible

    error.

    Accordingly, we affirm on the reasoning of the district court. See


    Barnard v. Durham, No. CA-03-3321-6-20BI (D.S.C. Nov. 24, 2003).
    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

    - 2 -

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