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    On Rehearing Unpublished

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    The United States Court of Appeals for the Fourth Circuit affirmed the district court's order dismissing Daniel Staley's § 1983 complaint. Staley appealed the dismissal of his complaint against the South Carolina Department of Corrections and Kirkland Correctional Institution. In its unpublished per curiam opinion, the Court of Appeals found that Staley failed to state a viable claim under § 1983 and summarily affirmed the district court's dismissal. The appeals court dispensed with oral argument, finding the facts and legal issues were adequately presented in the case materials.

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    On Rehearing Unpublished

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    The United States Court of Appeals for the Fourth Circuit affirmed the district court's order dismissing Daniel Staley's § 1983 complaint. Staley appealed the dismissal of his complaint against the South Carolina Department of Corrections and Kirkland Correctional Institution. In its unpublished per curiam opinion, the Court of Appeals found that Staley failed to state a viable claim under § 1983 and summarily affirmed the district court's dismissal. The appeals court dispensed with oral argument, finding the facts and legal issues were adequately presented in the case materials.

    Original Description:

    Filed: 2004-08-30 Precedential Status: Non-Precedential Docket: 04-6022

    Original Title

    Staley v. South Carolina Dept, 4th Cir. (2004)

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    The United States Court of Appeals for the Fourth Circuit affirmed the district court's order dismissing Daniel Staley's § 1983 complaint. Staley appealed the dismissal of his complaint against the South Carolina Department of Corrections and Kirkland Correctional Institution. In its unpublished per curiam opinion, the Court of Appeals found that Staley failed to state a viable claim under § 1983 and summarily affirmed the district court's dismissal. The appeals court dispensed with oral argument, finding the facts and legal issues were adequately presented in the case materials.

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    Public Domain
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    3 views2 pages

    On Rehearing Unpublished

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit affirmed the district court's order dismissing Daniel Staley's § 1983 complaint. Staley appealed the dismissal of his complaint against the South Carolina Department of Corrections and Kirkland Correctional Institution. In its unpublished per curiam opinion, the Court of Appeals found that Staley failed to state a viable claim under § 1983 and summarily affirmed the district court's dismissal. The appeals court dispensed with oral argument, finding the facts and legal issues were adequately presented in the case materials.

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    of 2

    ON REHEARING

    UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT

    No. 04-6022

    DANIEL STALEY,
    Plaintiff - Appellant,
    versus
    SOUTH CAROLINA DEPARTMENT
    KIRKLAND
    CORRECTIONAL
    UNIDENTIFIED PARTIES,

    OF

    CORRECTIONS;
    INSTITUTION;
    Defendants - Appellees.

    Appeal from the United States District Court for the District of
    South Carolina, at Beaufort.
    Patrick Michael Duffy, District
    Judge. (CA-03-3436)

    Submitted:

    July 28, 2004

    Decided:

    August 30, 2004

    Before WILKINSON and DUNCAN, Circuit Judges, and HAMILTON, Senior


    Circuit Judge.

    Affirmed by unpublished per curiam opinion.

    Daniel Staley, Appellant Pro Se.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Daniel

    Staley

    appeals

    the

    district

    courts

    order

    accepting the recommendation of the magistrate judge and denying


    relief on his 42 U.S.C. 1983 (2000) complaint.

    As Staley has

    stated no viable claim actionable under 1983, we affirm the


    decision of the district court summarily dismissing the complaint.
    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

    - 2 -

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