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  • Smith v. Freeman, 4th Cir. (1997)

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    1) Stanley Shane Smith, a North Carolina inmate, filed a 42 U.S.C. § 1983 complaint against state corrections officials which was denied by the district court under 28 U.S.C. § 1915(d). 2) On appeal, the Fourth Circuit reviewed the record and found no reversible error in the district court's ruling. 3) The Fourth Circuit affirmed the district court's dismissal of the complaint, but modified the ruling to be without prejudice rather than with prejudice.

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    Filed: 1997-04-29 Precedential Status: Non-Precedential Docket: 96-7324

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    1) Stanley Shane Smith, a North Carolina inmate, filed a 42 U.S.C. § 1983 complaint against state corrections officials which was denied by the district court under 28 U.S.C. § 1915(d). 2) On appeal, the Fourth Circuit reviewed the record and found no reversible error in the district court's ruling. 3) The Fourth Circuit affirmed the district court's dismissal of the complaint, but modified the ruling to be without prejudice rather than with prejudice.

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    Smith v. Freeman, 4th Cir. (1997)

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    Scribd Government Docs
    1) Stanley Shane Smith, a North Carolina inmate, filed a 42 U.S.C. § 1983 complaint against state corrections officials which was denied by the district court under 28 U.S.C. § 1915(d). 2) On appeal, the Fourth Circuit reviewed the record and found no reversible error in the district court's ruling. 3) The Fourth Circuit affirmed the district court's dismissal of the complaint, but modified the ruling to be without prejudice rather than with prejudice.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 96-7324

    STANLEY SHANE SMITH,


    Plaintiff - Appellant,
    versus
    FRANKLIN FREEMAN, Secretary of Correction;
    LYNN PHILLIPS, Director of Prisons; MARCUS
    HUGHES, Unit Superintendent; WADE HATLEY,
    Assistant Unit Superintendent; TERRY GETMAN,
    Unit Sergeant; STEVE COOKE, Unit Mailroom
    Officer,
    Defendants - Appellees.

    Appeal from the United States District Court for the Western District of North Carolina, at Asheville. Graham C. Mullen, District
    Judge. (CA-96-63-1-MU)
    Submitted:

    April 17, 1997

    Decided:

    April 29, 1997

    Before NIEMEYER and WILLIAMS, Circuit Judges, and BUTZNER, Senior


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

    PER CURIAM:
    Appellant, a North Carolina inmate, appeals the district
    court's order denying relief on his 42 U.S.C. 1983 (1994) complaint under 28 U.S.C. 1915(d) (1994). We have reviewed the
    record and the district court's opinion and find no reversible
    error. Accordingly, we affirm the dismissal on the reasoning of the
    district court. Smith v. Freeman, No. CA-96-63-1-MU (W.D.N.C. Aug.
    6, 1996). We modify the order to reflect that the dismissal was
    without prejudice. 28 U.S.C. 2106 (1994). 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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