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  • Smith v. Smith, 4th Cir. (2004)

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    The United States Court of Appeals for the Fourth Circuit affirmed the district court's dismissal of James Ben Smith's 42 U.S.C. § 1983 complaint as frivolous. The district court had denied Smith relief and dismissed the complaint. The Court of Appeals reviewed the record and found no reversible error in the district court's decision. Therefore, the Court of Appeals affirmed the district court's dismissal of the complaint for the reasons stated by the lower court.

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    Filed: 2004-12-13 Precedential Status: Non-Precedential Docket: 04-6649

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    The United States Court of Appeals for the Fourth Circuit affirmed the district court's dismissal of James Ben Smith's 42 U.S.C. § 1983 complaint as frivolous. The district court had denied Smith relief and dismissed the complaint. The Court of Appeals reviewed the record and found no reversible error in the district court's decision. Therefore, the Court of Appeals affirmed the district court's dismissal of the complaint for the reasons stated by the lower court.

    Copyright:

    Public Domain
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    5 views2 pages

    Smith v. Smith, 4th Cir. (2004)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit affirmed the district court's dismissal of James Ben Smith's 42 U.S.C. § 1983 complaint as frivolous. The district court had denied Smith relief and dismissed the complaint. The Court of Appeals reviewed the record and found no reversible error in the district court's decision. Therefore, the Court of Appeals affirmed the district court's dismissal of the complaint for the reasons stated by the lower court.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 04-6649

    JAMES BEN SMITH,


    Plaintiff - Appellant,
    versus
    WILLIAM SMITH, Sheriff of Lenoir County and
    the Manicipality of Lenoir County; JOHN AND
    JANE DOES,
    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-04-172-5-BO)

    Submitted:

    September 20, 2004

    Decided:

    December 13, 2004

    Before LUTTIG and SHEDD, Circuit Judges, and HAMILTON, Senior


    Circuit Judge.

    Affirmed by unpublished per curiam opinion.

    James Ben Smith, Appellant Pro Se.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    James
    denying

    relief

    Ben
    on

    Smith
    his

    42

    appeals
    U.S.C.

    the

    1983

    frivolous under 28 U.S.C. 1915(e)(2).


    record and find no reversible error.

    district
    (2000)

    courts

    order

    complaint

    as

    We have reviewed the

    Accordingly, we affirm for

    the reasons stated by the district court.

    See Smith v. Smith, No.

    CA-04-172-5-BO (E.D.N.C. Mar. 29, 2004).

    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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