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    Robert Ketchum appealed the district court's dismissal of his complaint against the FDA and its commissioner under 28 U.S.C. Sec. 1915(d). The Fourth Circuit affirmed the district court's ruling, finding no abuse of discretion based on prior rulings that a district court may dismiss a complaint as frivolous under Sec. 1915(d) if it lacks an arguable basis in law or fact. The Fourth Circuit dispensed with oral argument as the facts and legal issues were adequately addressed in the court materials.

    Original Description:

    Filed: 1995-03-29 Precedential Status: Non-Precedential Citations: 51 F.3d 266 Docket: 94-2180

    Original Title

    Robert H. Ketchum, on Behalf of Himself and All Others Similarly Situated v. David J. Kessler Food & Drug Administration, 51 F.3d 266, 4th Cir. (1995)

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    Robert Ketchum appealed the district court's dismissal of his complaint against the FDA and its commissioner under 28 U.S.C. Sec. 1915(d). The Fourth Circuit affirmed the district court's ruling, finding no abuse of discretion based on prior rulings that a district court may dismiss a complaint as frivolous under Sec. 1915(d) if it lacks an arguable basis in law or fact. The Fourth Circuit dispensed with oral argument as the facts and legal issues were adequately addressed in the court materials.

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    Public Domain
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    6 views1 page

    United States Court of Appeals, Fourth Circuit

    Uploaded by

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    Robert Ketchum appealed the district court's dismissal of his complaint against the FDA and its commissioner under 28 U.S.C. Sec. 1915(d). The Fourth Circuit affirmed the district court's ruling, finding no abuse of discretion based on prior rulings that a district court may dismiss a complaint as frivolous under Sec. 1915(d) if it lacks an arguable basis in law or fact. The Fourth Circuit dispensed with oral argument as the facts and legal issues were adequately addressed in the court materials.

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    of 1

    51 F.

    3d 266

    NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of


    unpublished dispositions is disfavored except for establishing
    res judicata, estoppel, or the law of the case and requires
    service of copies of cited unpublished dispositions of the Fourth
    Circuit.
    Robert H. KETCHUM, on behalf of himself and all others
    similarly situated, Plaintiff-Appellant,
    v.
    David J. KESSLER; Food & Drug Administration, DefendantsAppellees.
    No. 94-2180.

    United States Court of Appeals, Fourth Circuit.


    Submitted March 15, 1995.
    Decided March 29, 1995.

    Robert H. Ketchum, appellant pro se.


    Before RUSSELL and WILLIAMS, Circuit Judges, and CHAPMAN,
    Senior Circuit Judge.
    PER CURIAM:

    Appellant appeals from the district court's order dismissing his complaint under
    28 U.S.C. Sec. 1915(d) (1988). Our review of the record discloses no abuse of
    discretion by the district court. See Denton v. Hernandez, 60 U.S.L.W. 4346,
    4348 (U.S.1992); Adams v. Rice, 40 F.3d 72 (4th Cir.1994). Accordingly, we
    affirm on the reasoning of the district court. Ketchum v. Kessler, No. CA-941223-L (D. Md. Aug. 31, 1994). 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.

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