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  • Hammar v. Mr. Erman, 4th Cir. (2005)

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    Harry Hammar filed a § 1983 complaint against medical staff alleging inadequate medical care. The district court dismissed the complaint under § 1915(e)(2) for failure to state a claim. On appeal, the Fourth Circuit affirmed, finding that Hammar failed to allege facts showing the medical staff were deliberately indifferent to his serious medical needs as required by Estelle v. Gamble. The appeals court affirmed the dismissal without oral argument.

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    Filed: 2005-08-02 Precedential Status: Non-Precedential Docket: 04-7817

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    Harry Hammar filed a § 1983 complaint against medical staff alleging inadequate medical care. The district court dismissed the complaint under § 1915(e)(2) for failure to state a claim. On appeal, the Fourth Circuit affirmed, finding that Hammar failed to allege facts showing the medical staff were deliberately indifferent to his serious medical needs as required by Estelle v. Gamble. The appeals court affirmed the dismissal without oral argument.

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    7 views2 pages

    Hammar v. Mr. Erman, 4th Cir. (2005)

    Uploaded by

    Scribd Government Docs
    Harry Hammar filed a § 1983 complaint against medical staff alleging inadequate medical care. The district court dismissed the complaint under § 1915(e)(2) for failure to state a claim. On appeal, the Fourth Circuit affirmed, finding that Hammar failed to allege facts showing the medical staff were deliberately indifferent to his serious medical needs as required by Estelle v. Gamble. The appeals court affirmed the dismissal without oral argument.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 04-7817

    HARRY RICHARD HAMMAR, III,


    Plaintiff - Appellant,
    versus
    MR. ERMAN, Doctor; MS. BANKS, Nurse; MS. READ,
    Nurse,
    Defendants - Appellees.

    Appeal from the United States District Court for the Eastern
    District of Virginia, at Alexandria. Gerald Bruce Lee, District
    Judge. (CA-04-631-AM)

    Submitted:

    July 27, 2005

    Decided:

    August 2, 2005

    Before KING, GREGORY, and SHEDD, Circuit Judges.

    Affirmed by unpublished per curiam opinion.

    Harry Richard Hammar, III, Appellant Pro Se.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Harry Richard Hammar, III, appeals from the district
    courts order denying relief on his 42 U.S.C. 1983 (2000)
    complaint under 28 U.S.C. 1915(e)(2) (2000).

    We have reviewed

    the record and the district courts opinion, and we find that
    Hammar failed to state a claim for which relief may be granted.
    See Estelle v. Gamble, 429 U.S. 97 (1976).
    the dismissal of his complaint.

    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

    - 2 -

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