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  • Nagy v. Ruffin, 4th Cir. (2002)

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    The United States Court of Appeals for the Fourth Circuit affirmed the district court's denial of relief to Paul Nagy on his Bivens complaint. The Court of Appeals reviewed the district court record and found no reversible error. The Court affirmed the district court's reasoning for denying relief. However, the Court of Appeals modified the dismissal to be without prejudice, allowing Nagy to refile his action after exhausting his remedies, as required.

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    Filed: 2002-02-11 Precedential Status: Non-Precedential Docket: 01-7882

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    The United States Court of Appeals for the Fourth Circuit affirmed the district court's denial of relief to Paul Nagy on his Bivens complaint. The Court of Appeals reviewed the district court record and found no reversible error. The Court affirmed the district court's reasoning for denying relief. However, the Court of Appeals modified the dismissal to be without prejudice, allowing Nagy to refile his action after exhausting his remedies, as required.

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    1 views2 pages

    Nagy v. Ruffin, 4th Cir. (2002)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit affirmed the district court's denial of relief to Paul Nagy on his Bivens complaint. The Court of Appeals reviewed the district court record and found no reversible error. The Court affirmed the district court's reasoning for denying relief. However, the Court of Appeals modified the dismissal to be without prejudice, allowing Nagy to refile his action after exhausting his remedies, as required.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 01-7882

    PAUL NAGY,
    Plaintiff - Appellant,
    versus
    OFFICER RUFFIN; NANCY
    STEPHEN M. DEWALT,

    OBERMAN;

    A.

    EVANS;
    Defendants -Appellees.

    Appeal from the United States District Court for the Eastern
    District of North Carolina, at Raleigh. Terrence W. Boyle, Chief
    District Judge. (CA-00-782-5-BO)

    Submitted:

    January 31, 2002

    Decided:

    February 11, 2002

    Before NIEMEYER, WILLIAMS, and MICHAEL, Circuit Judges.

    Affirmed as modified by unpublished per curiam opinion.


    Paul Nagy, Appellant Pro Se.
    Rudolf A. Renfer, Jr., Assistant
    United States Attorney, Raleigh, North Carolina, for Appellees.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Paul Nagy appeals the district courts order denying relief on
    his complaint filed pursuant to Bivens v. Six Unknown Named Agents
    of Fed. Bureau of Narcotics, 403 U.S. 388 (1971).

    We have reviewed

    the record and the district courts opinion and find no reversible
    error.

    Accordingly, we affirm on the reasoning of the district

    court.

    Nagy v. Ruffin, No. CA-00-782-5-BO (E.D.N.C. Oct. 11,

    2001).

    Because Nagy may refile his action after exhaustion, we

    modify the dismissal to be without prejudice.

    28 U.S.C. 2106

    (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 AS MODIFIED

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