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  • Autry v. Wadsworth, 4th Cir. (2001)

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    Gerald Wayne Autry, a state inmate, appealed the district court's denial of relief on his 42 U.S.C. § 1983 civil rights complaint under 28 U.S.C. § 1915. The United States Court of Appeals for the Fourth Circuit reviewed the record and found Autry's appeal frivolous. The court dismissed the appeal for the reasons stated by the district court, which had denied Autry's complaint. The appeals court decided oral argument was not necessary because the case was adequately addressed in the court's written materials.

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    Filed: 2001-10-31 Precedential Status: Non-Precedential Docket: 01-7342

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    Gerald Wayne Autry, a state inmate, appealed the district court's denial of relief on his 42 U.S.C. § 1983 civil rights complaint under 28 U.S.C. § 1915. The United States Court of Appeals for the Fourth Circuit reviewed the record and found Autry's appeal frivolous. The court dismissed the appeal for the reasons stated by the district court, which had denied Autry's complaint. The appeals court decided oral argument was not necessary because the case was adequately addressed in the court's written materials.

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    7 views2 pages

    Autry v. Wadsworth, 4th Cir. (2001)

    Uploaded by

    Scribd Government Docs
    Gerald Wayne Autry, a state inmate, appealed the district court's denial of relief on his 42 U.S.C. § 1983 civil rights complaint under 28 U.S.C. § 1915. The United States Court of Appeals for the Fourth Circuit reviewed the record and found Autry's appeal frivolous. The court dismissed the appeal for the reasons stated by the district court, which had denied Autry's complaint. The appeals court decided oral argument was not necessary because the case was adequately addressed in the court's written materials.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 01-7342

    GERALD WAYNE AUTRY,


    Plaintiff - Appellant,
    versus
    DAVID WADSWORTH; NORTH CAROLINA DEPARTMENT OF
    CORRECTION; L. B. JOHNSON; ROBERT BRITTON;
    SERGEANT BOOTH; JASON ARMSTRONG, Inmate,
    Defendants - Appellees.

    Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Malcolm J. Howard, District
    Judge. (CA-01-324-5-H)

    Submitted:

    October 19, 2001

    Decided:

    October 31, 2001

    Before NIEMEYER, MOTZ, and GREGORY, Circuit Judges.

    Dismissed by unpublished per curiam opinion.


    Gerald Wayne Autry, Appellant Pro Se.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Gerald Wayne Autry, a state inmate, appeals the district
    courts order denying relief on his 42 U.S.C.A. 1983 (West Supp.
    2001) complaint under 28 U.S.C.A. 1915(e)(2) (West Supp. 2001).
    We have reviewed the record and the district courts opinion and
    find this appeal is frivolous.

    Accordingly, we dismiss the appeal

    on the reasoning of the district court.

    See Autry v. Wadsworth,

    No. CA-01-324-5-H (E.D.N.C. filed June 27, 2001; entered June 30,
    2001).

    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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