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  • Charles Edwards v. Joseph Ponte Franklin Freeman Mike Easley James Hunt Costal Medical, 72 F.3d 126, 4th Cir. (1995)

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    Charles Edwards filed a 42 U.S.C. § 1983 complaint which was dismissed by the district court under 28 U.S.C. § 1915(d). Edwards appealed. The Fourth Circuit affirmed the district court's dismissal, but modified it to be without prejudice. The Fourth Circuit denied Edwards' motion for appointment of counsel and found oral argument was not necessary as the facts and legal issues were adequately presented in the case materials.

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    Filed: 1995-12-15 Precedential Status: Precedential Citations: 72 F.3d 126 Docket: 95-7335

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    Charles Edwards filed a 42 U.S.C. § 1983 complaint which was dismissed by the district court under 28 U.S.C. § 1915(d). Edwards appealed. The Fourth Circuit affirmed the district court's dismissal, but modified it to be without prejudice. The Fourth Circuit denied Edwards' motion for appointment of counsel and found oral argument was not necessary as the facts and legal issues were adequately presented in the case materials.

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    Charles Edwards v. Joseph Ponte Franklin Freeman Mike Easley James Hunt Costal Medical, 72 F.3d 126, 4th Cir. (1995)

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    Charles Edwards filed a 42 U.S.C. § 1983 complaint which was dismissed by the district court under 28 U.S.C. § 1915(d). Edwards appealed. The Fourth Circuit affirmed the district court's dismissal, but modified it to be without prejudice. The Fourth Circuit denied Edwards' motion for appointment of counsel and found oral argument was not necessary as the facts and legal issues were adequately presented in the case materials.

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    of 2

    72 F.

    3d 126
    NOTICE: Fourth Circuit Local Rule 36(c) states that citation of unpublished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    of the case and requires service of copies of cited unpublished dispositions of the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.

    Charles EDWARDS, Plaintiff--Appellant,


    v.
    Joseph PONTE; Franklin Freeman; Mike Easley; James Hunt;
    Costal Medical, Defendants--Appellees.
    No. 95-7335.

    United States Court of Appeals, Fourth Circuit.


    Submitted Nov. 21, 1995.
    Decided Dec. 15, 1995.

    Charles Edwards, Appellant Pro Se.


    Appeal from the United States District Court for the Eastern District of
    North Carolina, at Raleigh. W. Earl Britt, District Judge. (CA-95-469-5CT-BR)
    Before HAMILTON and WILLIAMS, Circuit Judges, and PHILLIPS,
    Senior Circuit Judge.
    PER CURIAM:

    Appellant appeals from the district court's order denying relief on his 42 U.S.C.
    Sec. 1983 (1988) complaint. We have reviewed the record and the district
    court's opinion and affirm the 28 U.S.C. Sec. 1915(d) (1988) dismissal on the
    reasoning of the district court. Edwards v. Ponte, No. CA-95-469-5-CT-BR
    (E.D.N.C. Aug. 9, 1995). However, we modify the order to reflect a dismissal
    without prejudice. 28 U.S.C. Sec. 2106 (1988). Additionally, we deny
    Appellant's motion for appointment of counsel. 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 AS MODIFIED

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