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  • Hosch v. Bandag, Incorporated, 4th Cir. (1997)

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    The United States Court of Appeals for the Fourth Circuit dismissed an appeal from Claude Hosch of a district court's denial of relief on Hosch's civil complaint. The district court had denied the complaint under 28 U.S.C. § 1915(e), as amended by the Prison Litigation Reform Act, finding the appeal frivolous. The Court of Appeals reviewed the record and district court opinion and found the appeal frivolous, dismissing it based on the district court's reasoning. The Court dispensed with oral argument, determining the facts and legal issues were adequately presented.

    Original Description:

    Filed: 1997-03-18 Precedential Status: Non-Precedential Docket: 96-2826

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    The United States Court of Appeals for the Fourth Circuit dismissed an appeal from Claude Hosch of a district court's denial of relief on Hosch's civil complaint. The district court had denied the complaint under 28 U.S.C. § 1915(e), as amended by the Prison Litigation Reform Act, finding the appeal frivolous. The Court of Appeals reviewed the record and district court opinion and found the appeal frivolous, dismissing it based on the district court's reasoning. The Court dispensed with oral argument, determining the facts and legal issues were adequately presented.

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    9 views2 pages

    Hosch v. Bandag, Incorporated, 4th Cir. (1997)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed an appeal from Claude Hosch of a district court's denial of relief on Hosch's civil complaint. The district court had denied the complaint under 28 U.S.C. § 1915(e), as amended by the Prison Litigation Reform Act, finding the appeal frivolous. The Court of Appeals reviewed the record and district court opinion and found the appeal frivolous, dismissing it based on the district court's reasoning. The Court dispensed with oral argument, determining the facts and legal issues were adequately presented.

    Copyright:

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 96-2826

    CLAUDE HOSCH,
    Plaintiff - Appellant,
    versus
    BANDAG, INCORPORATED,
    Defendant - Appellee.

    Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh.
    W. Earl Britt, District
    Judge. (CA-96-894-5-BR-2)
    Submitted:

    March 13, 1997

    Decided:

    March 18, 1997

    Before HALL, ERVIN, and WILKINS, Circuit Judges.


    Dismissed by unpublished per curiam opinion.
    Claude Hosch, Appellant Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).

    PER CURIAM:
    Appellant appeals the district court's order denying relief on
    his civil complaint under 28 U.S.C. 1915(e) (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. Hosch v. Bandag,
    No. CA-96-894-5-BR-2 (E.D.N.C. Dec. 6, 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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