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  • Montgomery v. Ewend, 4th Cir. (2006)

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    Sherman Clayton Montgomery appealed the district court's dismissal of his 42 U.S.C. § 1983 complaint against Matthew G. Ewend, a neurosurgeon. The Fourth Circuit Court of Appeals affirmed the district court's ruling, finding no reversible error. The appeals court dispensed with oral arguments, as the facts and legal arguments were adequately presented in the case materials.

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    Filed: 2006-07-24 Precedential Status: Non-Precedential Docket: 06-6055

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    Sherman Clayton Montgomery appealed the district court's dismissal of his 42 U.S.C. § 1983 complaint against Matthew G. Ewend, a neurosurgeon. The Fourth Circuit Court of Appeals affirmed the district court's ruling, finding no reversible error. The appeals court dispensed with oral arguments, as the facts and legal arguments were adequately presented in the case materials.

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    Public Domain
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    6 views2 pages

    Montgomery v. Ewend, 4th Cir. (2006)

    Uploaded by

    Scribd Government Docs
    Sherman Clayton Montgomery appealed the district court's dismissal of his 42 U.S.C. § 1983 complaint against Matthew G. Ewend, a neurosurgeon. The Fourth Circuit Court of Appeals affirmed the district court's ruling, finding no reversible error. The appeals court dispensed with oral arguments, as the facts and legal arguments were adequately presented in the case materials.

    Copyright:

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 06-6055

    SHERMAN CLAYTON MONTGOMERY,


    Plaintiff - Appellant,
    versus
    MATTHEW G. EWEND, Neuro-Surgeon at UNC-Chapel
    Hill, North Carolina,
    Defendant - Appellee.

    Appeal from the United States District Court for the Eastern
    District of North Carolina, at Raleigh.
    James C. Dever, III,
    District Judge. (CA-05-673-5)

    Submitted: July 20, 2006

    Decided: July 24, 2006

    Before WIDENER and WILKINSON, Circuit Judges, and HAMILTON, Senior


    Circuit Judge.

    Affirmed by unpublished per curiam opinion.

    Sherman Clayton Montgomery, Appellant Pro Se.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Sherman Clayton Montgomery appeals the district courts
    order dismissing his 42 U.S.C. 1983 (2000) complaint under 28
    U.S.C. 1915(e)(2)(B) (2000).
    find no reversible error.

    We have reviewed the record and

    Accordingly, we affirm for the reasons

    stated by the district court. Montgomery v. Ewend, No. CA-05-673-5


    (E.D.N.C. Nov. 30, 2005).

    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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