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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding a case brought by John B. Ruffin against several prison officials and medical staff under 42 U.S.C. § 1983. The district court had dismissed all of Ruffin's claims except one for failure to exhaust administrative remedies and dismissed the remaining claim as frivolous. The Fourth Circuit affirmed the district court's rulings, finding no reversible error. The court also noted that even if one of Ruffin's claims had been exhausted, it would still be considered frivolous for failing to demonstrate injury from the alleged denial of access to legal materials.

    Original Description:

    Filed: 2004-12-01 Precedential Status: Non-Precedential Docket: 04-7071

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding a case brought by John B. Ruffin against several prison officials and medical staff under 42 U.S.C. § 1983. The district court had dismissed all of Ruffin's claims except one for failure to exhaust administrative remedies and dismissed the remaining claim as frivolous. The Fourth Circuit affirmed the district court's rulings, finding no reversible error. The court also noted that even if one of Ruffin's claims had been exhausted, it would still be considered frivolous for failing to demonstrate injury from the alleged denial of access to legal materials.

    Copyright:

    Public Domain
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    8 views3 pages

    Ruffin v. McGarritty, 4th Cir. (2004)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding a case brought by John B. Ruffin against several prison officials and medical staff under 42 U.S.C. § 1983. The district court had dismissed all of Ruffin's claims except one for failure to exhaust administrative remedies and dismissed the remaining claim as frivolous. The Fourth Circuit affirmed the district court's rulings, finding no reversible error. The court also noted that even if one of Ruffin's claims had been exhausted, it would still be considered frivolous for failing to demonstrate injury from the alleged denial of access to legal materials.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 04-7071

    JOHN B. RUFFIN,
    Plaintiff - Appellant,
    versus
    WARDEN MCGARRITTY, Greenville State Prison;
    WARDEN
    MILLARD,
    Greenville
    State
    Prison
    (Official/Individual Capacity); WARDEN DAVIS,
    Greenville State Prison (Official/Individual
    capacity); WARDEN TRENT, Greenville State
    Prison (Official/Individual Capacity); UNIT
    MANAGER EVERETTE, Greenville State Prison
    (Official/Individual
    Capacity);
    RUFUS
    FLEMINGS, Warden, Regional Director, State
    Grievance
    (Official/Individual
    Capacity);
    LIEUTENANT TINSLEY, Internal Affairs, Virginia
    State Department of Corrections; OFFICER
    AUTRY, Inmate Hearing Officer, Greenville
    State Prison (Official/Individual Capacity);
    OFFICER
    TILLERY,
    Grievance
    Coordinator
    (Official/Individual
    Capacity);
    DOCTOR
    LAYBOURNE,
    Greensville
    Correctional
    (Official/Individual
    Capacity);
    DOCTOR
    BRADLEY, Greensville Correctional (Official/
    Individual Capacity),
    Defendants - Appellees.

    Appeal from the United States District Court for the Eastern
    District of Virginia, at Norfolk. Raymond A. Jackson, District
    Judge. (CA-04-266-2)

    Submitted:

    November 19, 2004

    Decided:

    December 1, 2004

    Before WILKINSON, WILLIAMS, and MICHAEL, Circuit Judges.

    Affirmed by unpublished per curiam opinion.

    John B. Ruffin, Appellant Pro Se.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    - 2 -

    PER CURIAM:
    John

    B.

    Ruffin

    appeals

    the

    district

    court

    order

    dismissing all of his 42 U.S.C. 1983 (2000) claims, except that


    he was held in segregation without due process, for failure to
    exhaust.

    Ruffin

    further

    appeals

    the

    district

    court

    order

    dismissing his 1983 claim that he was held in segregation without


    due process as frivolous under 28 U.S.C. 1915A(b)(1) (2000).

    We

    have reviewed the record and the district court's opinion and find
    no reversible error.

    We note that even if Ruffins claim that he

    was denied access to his legal materials was exhausted, it is also


    frivolous under 1915A(b)(1) because he failed to demonstrate
    injury

    or

    materials.

    prejudice

    caused

    by

    his

    inability

    to

    obtain

    those

    See Lewis v. Casey, 518 U.S. 343, 351 (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.

    AFFIRMED

    - 3 -

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