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  • Phillips v. Garrett, 4th Cir. (1998)

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    Donald Phillips, a Virginia inmate, filed a 42 U.S.C. § 1983 complaint that was denied by the district court under 28 U.S.C.A. § 1915A. The Fourth Circuit Court of Appeals reviewed the record and district court opinion and found the appeal to be frivolous. The Fourth Circuit dismissed the appeal, agreeing with the district court's reasoning for denying relief. The Fourth Circuit determined that oral arguments would not aid in the decision and dispensed with arguments.

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    Filed: 1998-07-02 Precedential Status: Non-Precedential Docket: 97-7456

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    Donald Phillips, a Virginia inmate, filed a 42 U.S.C. § 1983 complaint that was denied by the district court under 28 U.S.C.A. § 1915A. The Fourth Circuit Court of Appeals reviewed the record and district court opinion and found the appeal to be frivolous. The Fourth Circuit dismissed the appeal, agreeing with the district court's reasoning for denying relief. The Fourth Circuit determined that oral arguments would not aid in the decision and dispensed with arguments.

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    7 views2 pages

    Phillips v. Garrett, 4th Cir. (1998)

    Uploaded by

    Scribd Government Docs
    Donald Phillips, a Virginia inmate, filed a 42 U.S.C. § 1983 complaint that was denied by the district court under 28 U.S.C.A. § 1915A. The Fourth Circuit Court of Appeals reviewed the record and district court opinion and found the appeal to be frivolous. The Fourth Circuit dismissed the appeal, agreeing with the district court's reasoning for denying relief. The Fourth Circuit determined that oral arguments would not aid in the decision and dispensed with arguments.

    Copyright:

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 97-7456

    DONALD L. PHILLIPS,
    Plaintiff - Appellant,
    versus
    HARRY W. GARRETT, JR.; ANN K. SHIPP,
    Defendants - Appellees.

    Appeal from the United States District Court for the Western
    District of Virginia, at Roanoke. James C. Turk, District Judge.
    (CA-97-629-R)

    Submitted:

    June 18, 1998

    Decided:

    July 2, 1998

    Before MURNAGHAN and WILKINS, Circuit Judges, and PHILLIPS, Senior


    Circuit Judge.

    Dismissed by unpublished per curiam opinion.


    Donald L. Phillips, Appellant Pro Se.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Appellant, a Virginia inmate, appeals the district courts
    order denying relief on his 42 U.S.C. 1983 (1994) complaint under
    28 U.S.C.A. 1915A (West Supp. 1997). We have reviewed the record
    and the district courts opinion and find that this appeal is
    frivolous. Accordingly, we dismiss the appeal on the reasoning of
    the district court. Phillips v. Garrett, No. CA-97-629-R (W.D. Va.
    Sept. 17, 1997). 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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