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    McDaniels v. Duncil, 4th Cir. (1996)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from two West Virginia inmates of the denial of their 42 U.S.C. § 1983 action. The district court had denied relief under 28 U.S.C. § 1915(d), finding the appeal frivolous. The Court of Appeals reviewed the record and district court opinion and also found the appeal frivolous, dismissing the appeal based on the reasoning of the district court.

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    McDaniels v. Duncil, 4th Cir. (1996)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from two West Virginia inmates of the denial of their 42 U.S.C. § 1983 action. The district court had denied relief under 28 U.S.C. § 1915(d), finding the appeal frivolous. The Court of Appeals reviewed the record and district court opinion and also found the appeal frivolous, dismissing the appeal based on the reasoning of the district court.

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    Filed: 1996-12-03 Precedential Status: Non-Precedential Docket: 96-6708

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from two West Virginia inmates of the denial of their 42 U.S.C. § 1983 action. The district court had denied relief under 28 U.S.C. § 1915(d), finding the appeal frivolous. The Court of Appeals reviewed the record and district court opinion and also found the appeal frivolous, dismissing the appeal based on the reasoning of the district court.

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    Public Domain
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    6 views2 pages

    McDaniels v. Duncil, 4th Cir. (1996)

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    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from two West Virginia inmates of the denial of their 42 U.S.C. § 1983 action. The district court had denied relief under 28 U.S.C. § 1915(d), finding the appeal frivolous. The Court of Appeals reviewed the record and district court opinion and also found the appeal frivolous, dismissing the appeal based on the reasoning of the district court.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 96-6708

    CLINTON MCDANIELS; ROGER BAILEY,


    Plaintiffs - Appellants,
    and
    HAROLD L. PALMER; EACH AND EVERY OTHER INMATE
    IN THE SAME SIMILAR SITUATION,
    Plaintiffs,
    versus
    WILLIAM C. DUNCIL, Warden, Huttonsville Correctional Center; NICHOLAS J. HUN, Commissioner of the West Virginia Department of Corrections; ROY WHITE, Hospital Administrator;
    ANY OTHER PERSON HAVING POWER TO TRANSFER
    INMATES FROM ONE PLACE TO ANOTHER,
    Defendants - Appellees.

    Appeal from the United States District Court for the Northern District of West Virginia, at Elkins. Robert Earl Maxwell, Senior
    District Judge. (CA-95-116-2)
    Submitted:

    November 21, 1996

    Decided:

    December 3, 1996

    Before HALL, WILKINS, and HAMILTON, Circuit Judges.


    Dismissed by unpublished per curiam opinion.

    Clinton McDaniels, Roger L. Bailey, Appellants Pro Se. Silas Bent


    Taylor, Deputy Attorney General, Charleston, West Virginia; Leslie
    K. Kiser, WEST VIRGINIA DEPARTMENT OF CORRECTIONS, Charleston, West
    Virginia, for Appellees.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).

    PER CURIAM:
    Appellants, West Virginia inmates, appeal the district court's
    order denying relief on their 42 U.S.C. 1983 (1994) action pursuant to 28 U.S.C. 1915(d) (1994), amended by Prison Litigation
    Reform Act, Pub. L. No. 104-134, 110 Stat. 1321 (1996). We have
    reviewed the record and the district court's opinion and find that
    this appeal is frivolous. Accordingly, we dismiss the appeal on the
    reasoning of the district court. McDaniels v. Duncil, No. CA-95116-2 (N.D.W. Va. Apr. 15, 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.

    DISMISSED

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