Scribd Logo
Upload

Welcome to Scribd!

  • Westfall v. Underwood, 4th Cir. (1999)

    Uploaded by

    Scribd Government Docs
    3 views2 pages
    This document is a court ruling dismissing an appeal from Jimmy Westfall, a West Virginia inmate. The district court had denied Westfall relief on his 42 U.S.C. § 1983 complaint under 28 U.S.C. § 1915A. The appeals court reviewed the record and found Westfall's appeal to be frivolous, so they dismissed the appeal based on the reasoning of the district court. The appeals court decided oral arguments were not necessary because the facts and legal issues were clear based on the materials provided.

    Original Description:

    Filed: 1999-11-10 Precedential Status: Non-Precedential Docket: 99-7069

    Copyright

    © Public Domain

    Available Formats

    PDF or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    This document is a court ruling dismissing an appeal from Jimmy Westfall, a West Virginia inmate. The district court had denied Westfall relief on his 42 U.S.C. § 1983 complaint under 28 U.S.C. § 1915A. The appeals court reviewed the record and found Westfall's appeal to be frivolous, so they dismissed the appeal based on the reasoning of the district court. The appeals court decided oral arguments were not necessary because the facts and legal issues were clear based on the materials provided.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    3 views2 pages

    Westfall v. Underwood, 4th Cir. (1999)

    Uploaded by

    Scribd Government Docs
    This document is a court ruling dismissing an appeal from Jimmy Westfall, a West Virginia inmate. The district court had denied Westfall relief on his 42 U.S.C. § 1983 complaint under 28 U.S.C. § 1915A. The appeals court reviewed the record and found Westfall's appeal to be frivolous, so they dismissed the appeal based on the reasoning of the district court. The appeals court decided oral arguments were not necessary because the facts and legal issues were clear based on the materials provided.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 99-7069

    JIMMY WESTFALL,
    Petitioner - Appellant,
    versus
    CECIL H. UNDERWOOD, Governor; SANDRA ILDERTON,
    Chairperson, West Virginia Parole Board,
    Respondents - Appellees.

    Appeal from the United States District Court for the Southern District of West Virginia, at Beckley. Robert C. Chambers, District
    Judge. (CA-99-370-5)

    Submitted:

    November 4, 1999

    Decided:

    November 10, 1999

    Before NIEMEYER, MICHAEL, and KING, Circuit Judges.

    Dismissed by unpublished per curiam opinion.


    Jimmy Westfall, Appellant Pro Se.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Jimmy Westfall, a West Virginia inmate, appeals the district
    courts order denying relief on his 42 U.S.C.A. 1983 (West Supp.
    1999) complaint under 28 U.S.C.A. 1915A (West Supp. 1999).

    We

    have reviewed the record and the district courts opinion accepting
    the recommendation of the magistrate judge and find that this
    appeal is frivolous.

    Accordingly, we dismiss the appeal on the

    reasoning of the district court.

    See Westfall v. Underwood, No.

    CA-99-370-5 (S.D.W. Va. July 22, 1999).

    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

    You might also like