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  • McDaniels v. Starcher, 4th Cir. (1996)

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    1) The United States Court of Appeals for the Fourth Circuit dismissed as frivolous an appeal by West Virginia inmate Clinton McDaniels of the district court's denial of relief under his 42 U.S.C. § 1983 complaint. 2) The district court had denied relief on McDaniels' complaint under 28 U.S.C. § 1915(d), finding the appeal frivolous. 3) The Court of Appeals reviewed the record and district court opinion and also found the appeal frivolous, dismissing the appeal based on the reasoning of the district court.

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    Filed: 1996-12-04 Precedential Status: Non-Precedential Docket: 96-6870

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    1) The United States Court of Appeals for the Fourth Circuit dismissed as frivolous an appeal by West Virginia inmate Clinton McDaniels of the district court's denial of relief under his 42 U.S.C. § 1983 complaint. 2) The district court had denied relief on McDaniels' complaint under 28 U.S.C. § 1915(d), finding the appeal frivolous. 3) The Court of Appeals reviewed the record and district court opinion and also found the appeal frivolous, dismissing the appeal based on the reasoning of the district court.

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    9 views2 pages

    McDaniels v. Starcher, 4th Cir. (1996)

    Uploaded by

    Scribd Government Docs
    1) The United States Court of Appeals for the Fourth Circuit dismissed as frivolous an appeal by West Virginia inmate Clinton McDaniels of the district court's denial of relief under his 42 U.S.C. § 1983 complaint. 2) The district court had denied relief on McDaniels' complaint under 28 U.S.C. § 1915(d), finding the appeal frivolous. 3) The Court of Appeals reviewed the record and district court opinion and also found the appeal frivolous, dismissing the appeal based on the reasoning of the district court.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 96-6870

    CLINTON MCDANIELS,
    Plaintiff - Appellant,
    versus
    LARRY V. STARCHER, and any other Judge having
    the power to sign an order dismissing the
    Nobles Case No. 83-C-349,
    Defendant - Appellee.

    Appeal from the United States District Court for the Northern District of West Virginia, at Elkins. Robert Earl Maxwell, Senior
    District Judge. (CA-96-31-2)
    Submitted:

    November 21, 1996

    Decided:

    December 4, 1996

    Before HALL, WILKINS, and HAMILTON, Circuit Judges.


    Dismissed by unpublished per curiam opinion.
    Clinton McDaniels, Appellant Pro Se. Mario Joseph Palumbo, Attorney General, Charleston, West Virginia, for Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).

    PER CURIAM:
    Appellant, a West Virginia 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. McDaniels v. Starcher,
    No. CA-96-31-2 (N.D.W. Va. Apr. 24, 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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