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  • Felton v. Freeman, 4th Cir. (1996)

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    The United States Court of Appeals for the Fourth Circuit affirmed the district court's denial of relief for David Felton's 42 U.S.C. § 1983 complaint, but modified the dismissal to be without prejudice. The court reviewed the record and district court opinion and found no reversible error. The dismissal was modified to be without prejudice based on the reasoning of the district court and authority under 28 U.S.C. § 2106. Oral argument was dispensed with because the facts and legal contentions were adequately presented to the court already.

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    Filed: 1996-06-05 Precedential Status: Non-Precedential Docket: 96-6218

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    The United States Court of Appeals for the Fourth Circuit affirmed the district court's denial of relief for David Felton's 42 U.S.C. § 1983 complaint, but modified the dismissal to be without prejudice. The court reviewed the record and district court opinion and found no reversible error. The dismissal was modified to be without prejudice based on the reasoning of the district court and authority under 28 U.S.C. § 2106. Oral argument was dispensed with because the facts and legal contentions were adequately presented to the court already.

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    10 views2 pages

    Felton v. Freeman, 4th Cir. (1996)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit affirmed the district court's denial of relief for David Felton's 42 U.S.C. § 1983 complaint, but modified the dismissal to be without prejudice. The court reviewed the record and district court opinion and found no reversible error. The dismissal was modified to be without prejudice based on the reasoning of the district court and authority under 28 U.S.C. § 2106. Oral argument was dispensed with because the facts and legal contentions were adequately presented to the court already.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 96-6218

    DAVID FELTON,
    Plaintiff - Appellant,
    versus
    FRANKLIN FREEMAN; LYNN C. PHILLIPS; TERRY
    WATTS;
    K.
    KING;
    RONALD
    E.
    JONES,
    Superintendent,
    Defendants - Appellees.

    Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Fox, Chief District
    Judge. (CA-96-1)
    Submitted:

    May 16, 1996

    Decided:

    June 5, 1996

    Before RUSSELL, LUTTIG, and WILLIAMS, Circuit Judges.


    Affirmed as modified by unpublished per curiam opinion.
    David Felton, Appellant Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).

    PER CURIAM:
    Appellant appeals from the district court's order denying
    relief on his 42 U.S.C. 1983 (1988) complaint. We have reviewed
    the record and the district court's opinion and find no reversible
    error. Accordingly, we affirm on the reasoning of the district
    court but modify the dismissal to be without prejudice. 28 U.S.C.
    2106 (1988). Felton v. Freeman, No. CA-96-1 (E.D.N.C. Jan. 26,
    1996). 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

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