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  • Wimberley v. City of Wilson NC, 4th Cir. (2002)

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    The United States Court of Appeals for the Fourth Circuit affirmed the district court's dismissal of John Russell Wimberley, Jr.'s 42 U.S.C. § 1983 complaint against the City of Wilson, North Carolina and various city officials and departments. The appellate court reviewed the record and found no reversible error in the district court's determination that the complaint was frivolous. The court also found that the district court properly declined to exercise jurisdiction over Wimberley's accompanying state law claims once his federal claims were denied.

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    Filed: 2002-02-06 Precedential Status: Non-Precedential Docket: 01-2064

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    The United States Court of Appeals for the Fourth Circuit affirmed the district court's dismissal of John Russell Wimberley, Jr.'s 42 U.S.C. § 1983 complaint against the City of Wilson, North Carolina and various city officials and departments. The appellate court reviewed the record and found no reversible error in the district court's determination that the complaint was frivolous. The court also found that the district court properly declined to exercise jurisdiction over Wimberley's accompanying state law claims once his federal claims were denied.

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    Wimberley v. City of Wilson NC, 4th Cir. (2002)

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    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit affirmed the district court's dismissal of John Russell Wimberley, Jr.'s 42 U.S.C. § 1983 complaint against the City of Wilson, North Carolina and various city officials and departments. The appellate court reviewed the record and found no reversible error in the district court's determination that the complaint was frivolous. The court also found that the district court properly declined to exercise jurisdiction over Wimberley's accompanying state law claims once his federal claims were denied.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 01-2064

    JOHN RUSSELL WIMBERLEY, JR.,


    Plaintiff - Appellant,
    versus
    CITY OF WILSON, NORTH CAROLINA; CITY OF WILSON
    INSPECTION DEPARTMENT; STEVE ROGERS, individual and is an inspector in the Wilson City
    Inspection Department; MIA SMITH, Individual
    and is an Inspector in the Wilson City Inspection Department; JEFF WINSTEAD, Individual
    and is an Inspector in the Wilson City
    Inspection Department; KEITH OBRIEN, Individual and is an Inspector in the Wilson City
    Inspection Department; JIM HOLLOMAN, Individual and is an Inspection Manager in the Wilson
    City Inspection Department; WINNIE WILLIAMS,
    Individual and is the Chief of the Wilson City
    Police Department; CITY OF WILSON CITY
    COUNCIL,
    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-01-451-5-BO(2))

    Submitted:

    January 31, 2002

    Decided:

    February 6, 2002

    Before NIEMEYER, WILLIAMS, and MICHAEL, Circuit Judges.

    Affirmed by unpublished per curiam opinion.

    John Russell Wimberley, Jr., Appellant Pro Se.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    John Russell Wimberley, Jr., appeals the district courts
    order dismissing as frivolous his 42 U.S.C.A. 1983 (West Supp.
    2001) complaint.

    We have reviewed the record and the district

    courts opinion and find no reversible error.

    Accordingly, we

    affirm the denial of relief on the federal claims on the reasoning


    of the district court. Wimberley v. City of Wilson, No. CA-01-4515-BO(2) (E.D.N.C. Aug. 17, 2001).

    Because the district court

    properly denied Wimberleys federal claims, we find that the court


    properly declined to exercise jurisdiction over his pendent state
    law claims.

    Davis v. Pak, 856 F.2d 648, 650-52 (4th Cir. 1988).

    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

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