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  • Ballance v. True, 4th Cir. (2004)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Kevin Ballance's appeal of the district court's dismissal of his 42 U.S.C. § 1983 complaint for failure to state a claim. The Fourth Circuit reviewed the record and found Ballance's appeal to be frivolous, dismissing it based on the reasoning of the district court below. The appeals court dispensed with oral argument, finding the facts and legal issues adequately presented in the case materials.

    Original Description:

    Filed: 2004-02-23 Precedential Status: Non-Precedential Docket: 03-7835

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Kevin Ballance's appeal of the district court's dismissal of his 42 U.S.C. § 1983 complaint for failure to state a claim. The Fourth Circuit reviewed the record and found Ballance's appeal to be frivolous, dismissing it based on the reasoning of the district court below. The appeals court dispensed with oral argument, finding the facts and legal issues adequately presented in the case materials.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
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    0 views2 pages

    Ballance v. True, 4th Cir. (2004)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Kevin Ballance's appeal of the district court's dismissal of his 42 U.S.C. § 1983 complaint for failure to state a claim. The Fourth Circuit reviewed the record and found Ballance's appeal to be frivolous, dismissing it based on the reasoning of the district court below. The appeals court dispensed with oral argument, finding the facts and legal issues adequately presented in the case materials.

    Copyright:

    Public Domain
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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 03-7835

    KEVIN M. BALLANCE,
    Plaintiff - Appellant,
    versus
    PAGE TRUE, Warden, S1SP; GENE JOHNSON,
    Assistant Director; SERGEANT BYRD, Property
    Sergeant; INVESTIGATOR SMITH,
    Defendants - Appellees.

    Appeal from the United States District Court for the Eastern
    District of Virginia, at Alexandria. James C. Cacheris, Senior
    District Judge. (CA-03-1263-AM)

    Submitted: February 12, 2004

    Decided:

    February 23, 2004

    Before LUTTIG, WILLIAMS, and MOTZ, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Kevin M. Ballance, Appellant Pro Se.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Kevin M. Ballance appeals the district courts order
    dismissing his 42 U.S.C. 1983 (2000) complaint for failure to
    state a claim under 28 U.S.C. 1915A(b)(1) (2000).
    reviewed

    the

    record

    and

    find

    that

    this

    appeal

    is

    We have
    frivolous.

    Accordingly, we dismiss the appeal on the reasoning of the district


    court.

    See Ballance v. True, No. CA-03-1263-AM (E.D. Va. Oct. 17.

    2003).

    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

    - 2 -

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