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  • Wambach v. Creecy, 4th Cir. (1996)

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    1) Freddy Wambach, a North Carolina inmate, appealed the district court's denial of relief for his 42 U.S.C. § 1983 complaint under 28 U.S.C. § 1915(d). 2) The United States Court of Appeals for the Fourth Circuit reviewed the record and found the appeal frivolous, dismissing the appeal based on the reasoning of the district court. 3) The appeals court dispensed with oral argument as the facts and legal arguments were adequately presented in the materials and additional argument would not aid in the decision.

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    Filed: 1996-12-24 Precedential Status: Non-Precedential Docket: 96-7247

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    1) Freddy Wambach, a North Carolina inmate, appealed the district court's denial of relief for his 42 U.S.C. § 1983 complaint under 28 U.S.C. § 1915(d). 2) The United States Court of Appeals for the Fourth Circuit reviewed the record and found the appeal frivolous, dismissing the appeal based on the reasoning of the district court. 3) The appeals court dispensed with oral argument as the facts and legal arguments were adequately presented in the materials and additional argument would not aid in the decision.

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    5 views2 pages

    Wambach v. Creecy, 4th Cir. (1996)

    Uploaded by

    Scribd Government Docs
    1) Freddy Wambach, a North Carolina inmate, appealed the district court's denial of relief for his 42 U.S.C. § 1983 complaint under 28 U.S.C. § 1915(d). 2) The United States Court of Appeals for the Fourth Circuit reviewed the record and found the appeal frivolous, dismissing the appeal based on the reasoning of the district court. 3) The appeals court dispensed with oral argument as the facts and legal arguments were adequately presented in the materials and additional argument would not aid in the decision.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 96-7247

    FREDDY L. WAMBACH,
    Plaintiff - Appellant,
    versus
    CHARLES M. CREECY, JR.; GARY DIXON; DOCTOR
    SHAH; MS. LOWNEY,
    Defendants - Appellees.

    Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. W. Earl Britt, District Judge.
    (CA-96-545-BR)
    Submitted:

    December 10, 1996

    Decided:

    December 24, 1996

    Before NIEMEYER and WILLIAMS, Circuit Judges, and PHILLIPS, Senior


    Circuit Judge.
    Dismissed by unpublished per curiam opinion.
    Freddy L. Wambach, Appellant Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).

    PER CURIAM:
    Appellant, a North Carolina inmate, appeals the district
    court's order denying relief on his 42 U.S.C. 1983 (1994)
    complaint under 28 U.S.C. 1915(d) (1994), amended by Prison
    Litigation Reform Act, Pub. L. No. 104-134, 110 Stat. 1321 (1996).
    We have reviewed the record and the district court's opinion and
    find that this appeal is frivolous. Accordingly, we dismiss the
    appeal on the reasoning of the district court. Wambach v. Creecy,
    No. CA-96-545-BR (E.D.N.C. Aug. 8, 1996). 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.

    DISMISSED

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