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  • Lee v. Bennett, 4th Cir. (2003)

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    The United States Court of Appeals for the Fourth Circuit dismissed Avery Lee's appeal of the district court's denial of relief on his 42 U.S.C. § 1983 complaint. The Court of Appeals reviewed the record and found Lee's appeal to be frivolous. The court adopted the reasoning of the district court in dismissing the case.

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    Filed: 2003-09-10 Precedential Status: Non-Precedential Docket: 03-7053

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    The United States Court of Appeals for the Fourth Circuit dismissed Avery Lee's appeal of the district court's denial of relief on his 42 U.S.C. § 1983 complaint. The Court of Appeals reviewed the record and found Lee's appeal to be frivolous. The court adopted the reasoning of the district court in dismissing the case.

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    Public Domain
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    5 views2 pages

    Lee v. Bennett, 4th Cir. (2003)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed Avery Lee's appeal of the district court's denial of relief on his 42 U.S.C. § 1983 complaint. The Court of Appeals reviewed the record and found Lee's appeal to be frivolous. The court adopted the reasoning of the district court in dismissing the case.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 03-7053

    AVERY LEDYARD LEE, JR.,


    Plaintiff - Appellant,
    versus
    BOYD BENNETT, Director of Prisons at North
    Carolina
    Department
    of
    Corrections;
    ROY
    COOPER, Honorable, North Carolina Department
    of Justice; MICHAEL F. EASLEY, Governor; GARY
    MILLER, Superintendent; E. R. HARRIS, Program
    Supervisor/Unit
    Manager;
    SAMMY
    JACKSON,
    Correctional Officer, Southern Correctional
    Institution; FRANCIS GREEN, Case Analyst/Case
    Manager/Program
    Assistant
    at
    Southern
    Correctional Institution,
    Defendants - Appellees.

    Appeal from the United States District Court for the Eastern
    District of North Carolina, at Raleigh. Malcolm J. Howard, District
    Judge. (CA-03-423-5-H)

    Submitted:

    August 28, 2003

    Decided:

    September 10, 2003

    Before NIEMEYER and SHEDD, Circuit Judges, and HAMILTON, Senior


    Circuit Judge.

    Dismissed by unpublished per curiam opinion.

    Avery Ledyard Lee, Jr., Appellant Pro Se.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Avery Ledyard Lee, Jr., appeals the district courts order
    denying relief on his 42 U.S.C. 1983 (2000) complaint under 28
    U.S.C. 1915A(b) (2000). We have reviewed the record and find that
    this appeal is frivolous.

    Accordingly, we dismiss the appeal on

    the reasoning of the district court.


    03-423-5-H

    (E.D.N.C.

    June

    26,

    See Lee v. Bennett, No. CA-

    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.

    DISMISSED

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