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  • Franklin Smith v. Corporal Baldwin, 4th Cir. (2012)

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    Franklin C. Smith appealed the district court's denial of relief on his 42 U.S.C. § 1983 complaint against various officials at the Norfolk City Jail. The Fourth Circuit Court of Appeals reviewed the record and found no reversible error in the district court's rulings. While allowing Smith to proceed in forma pauperis, the Fourth Circuit affirmed the district court's decision to deny relief on Smith's complaint for the reasons stated in the lower court's ruling. The Fourth Circuit dispensed with oral arguments, finding that the facts and legal issues were adequately presented to the court already.

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    Filed: 2012-06-20 Precedential Status: Non-Precedential Docket: 12-6845

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    Franklin C. Smith appealed the district court's denial of relief on his 42 U.S.C. § 1983 complaint against various officials at the Norfolk City Jail. The Fourth Circuit Court of Appeals reviewed the record and found no reversible error in the district court's rulings. While allowing Smith to proceed in forma pauperis, the Fourth Circuit affirmed the district court's decision to deny relief on Smith's complaint for the reasons stated in the lower court's ruling. The Fourth Circuit dispensed with oral arguments, finding that the facts and legal issues were adequately presented to the court already.

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    2 views3 pages

    Franklin Smith v. Corporal Baldwin, 4th Cir. (2012)

    Uploaded by

    Scribd Government Docs
    Franklin C. Smith appealed the district court's denial of relief on his 42 U.S.C. § 1983 complaint against various officials at the Norfolk City Jail. The Fourth Circuit Court of Appeals reviewed the record and found no reversible error in the district court's rulings. While allowing Smith to proceed in forma pauperis, the Fourth Circuit affirmed the district court's decision to deny relief on Smith's complaint for the reasons stated in the lower court's ruling. The Fourth Circuit dispensed with oral arguments, finding that the facts and legal issues were adequately presented to the court already.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 12-6845

    FRANKLIN C. SMITH,
    Plaintiff - Appellant,
    v.
    CORPORAL BALDWIN, corporal-morning shift (8:00 to 6:00
    p.m.); MR. WILLIAMS, Classification Officer, Bankers hours;
    MR. STEWART, Counselor and Classification Officer, Bankers
    hours; RODNEY L. JACKSON; LT. STEVEN P. GALLAGHER; SERGEANT
    SMITH, Sergeant at Norfolk City Jail; CAPTAIN BACON, Captain
    at Norfolk City Jail; CAPTAIN MOORE, Captain at Norfolk City
    Jail; CORPORAL MCCARTHY, Corporal at Norfolk City Jail;
    DEPUTY WILLOUGHBY, Deputy at Norfolk City Jail; MS. GREEN,
    Mental Health Dept.; MR. GULTEREZ, Mental Health Dept.;
    DEPUTY INVENTO, Deputy; UNKNOWN DEPUTY WITH RIFLE, Deputy,
    Defendants Appellees,
    and
    ROBERT J. MCCABE, Sheriff over the Norfolk City Jail,
    Defendant.

    Appeal from the United States District Court for the Eastern
    District of Virginia, at Norfolk.
    Mark S. Davis, District
    Judge. (2:10-cv-00033-MSD-DEM)

    Submitted:

    June 14, 2012

    Decided:

    June 20, 2012

    Before WILKINSON, NIEMEYER, and KEENAN, Circuit Judges.

    Affirmed by unpublished per curiam opinion.

    Franklin C. Smith, Appellant Pro Se.


    Lisa H. Leiner, HARMAN,
    CLAYTOR, CORRIGAN & WELLMAN, Richmond, Virginia, for Appellees.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Franklin C. Smith appeals the district courts orders
    denying relief on his 42 U.S.C. 1983 (2006) complaint.
    have

    reviewed

    the

    record

    Accordingly,

    although

    pauperis,

    affirm

    court.

    we

    for

    grant
    the

    find

    no

    reversible

    leave

    to

    proceed

    reasons

    stated

    by

    error.

    in

    the

    forma

    district

    Smith v. Baldwin, No. 2:10-cv-00033-MSD-DEM (E.D. Va.

    Apr. 26, 2012).


    facts

    we

    and

    We

    and

    materials

    legal
    before

    We dispense with oral argument because the


    contentions
    the

    court

    are

    adequately

    and

    argument

    presented

    would

    not

    in

    the

    aid

    the

    decisional process.

    AFFIRMED

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