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  • Terry v. Vance County NC, 4th Cir. (1997)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding a 42 U.S.C. § 1983 complaint filed by Anderson Terry and his children Shawn and Kisha Knott against Vance County, North Carolina and various officials. The district court denied relief to the plaintiffs. The Fourth Circuit affirmed the district court's decision, finding no reversible error in the reasoning. The appeals court also denied Terry's motion to consolidate with another case and his motion to vacate and remand to a different judge.

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    Filed: 1997-10-28 Precedential Status: Non-Precedential Docket: 96-7790

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding a 42 U.S.C. § 1983 complaint filed by Anderson Terry and his children Shawn and Kisha Knott against Vance County, North Carolina and various officials. The district court denied relief to the plaintiffs. The Fourth Circuit affirmed the district court's decision, finding no reversible error in the reasoning. The appeals court also denied Terry's motion to consolidate with another case and his motion to vacate and remand to a different judge.

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    3 views2 pages

    Terry v. Vance County NC, 4th Cir. (1997)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding a 42 U.S.C. § 1983 complaint filed by Anderson Terry and his children Shawn and Kisha Knott against Vance County, North Carolina and various officials. The district court denied relief to the plaintiffs. The Fourth Circuit affirmed the district court's decision, finding no reversible error in the reasoning. The appeals court also denied Terry's motion to consolidate with another case and his motion to vacate and remand to a different judge.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 96-7790

    ANDERSON L. TERRY; SHAWN KNOTT; KISHA KNOTT,


    Plaintiffs - Appellants,
    versus
    VANCE COUNTY, NORTH CAROLINA; DONNIE D. BYRD;
    THOMAS BREEDLOVE; CHARLES HAWLEY; MARTY HALL;
    DREW, Doctor; DIANE VARNADORE; LIEUTENANT
    BAINES; LIEUTENANT MORRIS; LIEUTENANT FULLER;
    SERGEANT JEFFERY; SERGEANT GRACE; SERGEANT
    HOWARD; SERGEANT MAYS; SERGEANT HICKS; OFFICER
    KEARNEY; OFFICER TERRY; OFFICER SCOTT; OFFICER
    PERRY; OFFICER FIELD; OFFICER HARRIS; OFFICER
    JAMES; OFFICER HART; OFFICER CRUMP; OFFICER
    DAVIS; OFFICER MITCHELL; OFFICER DIANE,
    Defendants - Appellees.

    Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh.
    W. Earl Britt, District
    Judge. (CA-96-655-5-CT-BR)
    Submitted:

    July 22, 1997

    Decided:

    October 28, 1997

    Before HALL and LUTTIG, Circuit Judges, and PHILLIPS, Senior


    Circuit Judge.
    Affirmed by unpublished per curiam opinion.

    Anderson L. Terry, Shawn Knott, Kisha Knott, Appellants Pro Se.


    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).

    PER CURIAM:
    Anderson L. Terry and his children, Shawn and Kisha Knott,
    appeal the district court's order denying relief on their 42 U.S.C.
    1983 (1994) complaint.

    We have reviewed the record and the dis-

    trict court's opinion and find no reversible error.

    Accordingly,

    we affirm substantially on the reasoning of the district court.


    Terry v. Vance County, No. CA-96-655-5-CT-BR (E.D.N.C. Nov. 6,
    1996). To the extent that the appellants' claims may not have been
    malicious within the meaning of 28 U.S.C.A. 1915(e)(2)(B)(i)
    (West Supp. 1997), we find them subject to dismissal as frivolous
    under the same statute. We deny Terry's motion to consolidate this
    appeal with Terry v. Stewart, No. 96-7567, and his motion to vacate
    and remand to a different judge.

    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

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