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  • Banks v. Tucker, 4th Cir. (1998)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Michael Banks, a Virginia inmate. The district court had denied relief on Banks' 42 U.S.C. § 1983 complaint. The Court of Appeals reviewed the record and found the appeal frivolous, dismissing it based on the reasoning of the district court. The Court dispensed with oral argument, finding the facts and legal arguments were adequately presented in the materials provided.

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    Filed: 1998-06-10 Precedential Status: Non-Precedential Docket: 98-6413

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Michael Banks, a Virginia inmate. The district court had denied relief on Banks' 42 U.S.C. § 1983 complaint. The Court of Appeals reviewed the record and found the appeal frivolous, dismissing it based on the reasoning of the district court. The Court dispensed with oral argument, finding the facts and legal arguments were adequately presented in the materials provided.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
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    9 views2 pages

    Banks v. Tucker, 4th Cir. (1998)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Michael Banks, a Virginia inmate. The district court had denied relief on Banks' 42 U.S.C. § 1983 complaint. The Court of Appeals reviewed the record and found the appeal frivolous, dismissing it based on the reasoning of the district court. The Court dispensed with oral argument, finding the facts and legal arguments were adequately presented in the materials provided.

    Copyright:

    Public Domain
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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 98-6413

    MICHAEL BANKS,
    Plaintiff - Appellant,
    versus
    E. MONTGOMERY TUCKER,
    Defendant - Appellee.

    Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Robert R. Merhige, Jr., Senior
    District Judge. (CA-97-571)
    Submitted:

    May 28, 1998

    Decided:

    June 10, 1998

    Before ERVIN, LUTTIG, and MOTZ, Circuit Judges.


    Dismissed by unpublished per curiam opinion.
    Michael Banks, Appellant Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).

    PER CURIAM:
    Michael Banks, a Virginia inmate, appeals the district court's
    order denying relief on his 42 U.S.C. 1983 (1994) complaint under
    28 U.S.C.A. 1915(e)(2), 1915A (West Supp. 1998). We have reviewed the record and the district court's opinion accepting the
    magistrate judge's recommendation and find that this appeal is
    frivolous. Accordingly, we dismiss the appeal on the reasoning of
    the district court. Banks v. Tucker, No. CA-97-571 (E.D. Va. Feb.
    27, 1998). 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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