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  • Randolph v. HHS, 4th Cir. (2002)

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    Fred Randolph appealed the voluntary dismissal without prejudice of his civil case against the U.S. Department of Health and Human Services. The 4th Circuit Court of Appeals affirmed the district court's decision, finding that because Randolph had sought the dismissal himself, the district court did not abuse its discretion by dismissing the complaint without prejudice as Randolph had requested. As the facts and legal arguments were clear, the 4th Circuit did not require oral arguments.

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    Filed: 2002-02-06 Precedential Status: Non-Precedential Docket: 01-2189

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    Fred Randolph appealed the voluntary dismissal without prejudice of his civil case against the U.S. Department of Health and Human Services. The 4th Circuit Court of Appeals affirmed the district court's decision, finding that because Randolph had sought the dismissal himself, the district court did not abuse its discretion by dismissing the complaint without prejudice as Randolph had requested. As the facts and legal arguments were clear, the 4th Circuit did not require oral arguments.

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    1 views2 pages

    Randolph v. HHS, 4th Cir. (2002)

    Uploaded by

    Scribd Government Docs
    Fred Randolph appealed the voluntary dismissal without prejudice of his civil case against the U.S. Department of Health and Human Services. The 4th Circuit Court of Appeals affirmed the district court's decision, finding that because Randolph had sought the dismissal himself, the district court did not abuse its discretion by dismissing the complaint without prejudice as Randolph had requested. As the facts and legal arguments were clear, the 4th Circuit did not require oral arguments.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 01-2189

    FRED D. RANDOLPH,
    Plaintiff - Appellant,
    versus
    U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES,
    Defendant - Appellee.

    Appeal from the United States District Court for the Eastern
    District of Virginia, at Richmond. Richard L. Williams, Senior
    District Judge. (CA-01-392-3)

    Submitted:

    January 31, 2002

    Decided:

    February 6, 2002

    Before NIEMEYER, WILLIAMS, and MICHAEL, Circuit Judges.

    Affirmed by unpublished per curiam opinion.


    Fred D. Randolph, Appellant Pro Se. Paul J. McNulty, OFFICE OF THE
    UNITED STATES ATTORNEY, Richmond, Virginia, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Fred D. Randolph appeals from the district courts order
    granting his motion to voluntarily dismiss his civil action pursuant to Fed. R. Civ. P. 41.

    Because Randolph sought this dismissal,

    the district court did not abuse its discretion in dismissing his
    complaint without prejudice.

    Accordingly, we affirm.

    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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