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  • Johnnie Spruill v. North Carolina Department of Correction Doctor Atkins Doctor Lavin, 803 F.2d 1181, 4th Cir. (1986)

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    The Fourth Circuit Court of Appeals affirmed the district court's refusal to provide relief to Johnnie Spruill under 42 U.S.C. Section 1983 in his case against the North Carolina Department of Corrections and two doctors. The appeals court found the appeal to be without merit after reviewing the record and district court opinion accepting the magistrate's recommendation. The appeals court also determined the dispositive issues had been recently decided authoritatively, so it affirmed the lower court's judgment without oral argument based on the reasoning in the district court opinion.

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    Filed: 1986-10-28 Precedential Status: Non-Precedential Citations: 803 F.2d 1181 Docket: 86-7621

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    The Fourth Circuit Court of Appeals affirmed the district court's refusal to provide relief to Johnnie Spruill under 42 U.S.C. Section 1983 in his case against the North Carolina Department of Corrections and two doctors. The appeals court found the appeal to be without merit after reviewing the record and district court opinion accepting the magistrate's recommendation. The appeals court also determined the dispositive issues had been recently decided authoritatively, so it affirmed the lower court's judgment without oral argument based on the reasoning in the district court opinion.

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    5 views2 pages

    Johnnie Spruill v. North Carolina Department of Correction Doctor Atkins Doctor Lavin, 803 F.2d 1181, 4th Cir. (1986)

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    The Fourth Circuit Court of Appeals affirmed the district court's refusal to provide relief to Johnnie Spruill under 42 U.S.C. Section 1983 in his case against the North Carolina Department of Corrections and two doctors. The appeals court found the appeal to be without merit after reviewing the record and district court opinion accepting the magistrate's recommendation. The appeals court also determined the dispositive issues had been recently decided authoritatively, so it affirmed the lower court's judgment without oral argument based on the reasoning in the district court opinion.

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    of 2

    803 F.

    2d 1181
    Unpublished Disposition

    NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of


    unpublished dispositions is disfavored except for establishing
    res judicata, estoppel, or the law of the case and requires
    service of copies of cited unpublished dispositions of the Fourth
    Circuit.
    Johnnie SPRUILL, Plaintiff-Appellant,
    v.
    NORTH CAROLINA DEPARTMENT OF CORRECTION;
    Doctor Atkins;
    Doctor Lavin, Defendants-Appellees.
    No. 86-7621.

    United States Court of Appeals, Fourth Circuit.


    Submitted July 21, 1986.
    Decided Oct. 28, 1986.

    Before RUSSELL and WILKINS, Circuit Judges, and BUTZNER, Senior


    Circuit Judge.
    Johnnie Spruill, appellant pro se.
    Kaye R. Webb, Office of the Attorney General, for appellees.
    PER CURIAM:

    A review of the record and the district court's opinion accepting the
    recommendation of the magistrate discloses that this appeal from its order
    refusing relief under 42 U.S.C. Sec. 1983 is without merit. Because the
    dispositive issues recently have been decided authoritatively, we dispense with
    oral argument and affirm the judgment below on the reasoning of the district
    court. Spruill v. North Carolina Department of Correction, C/A No. 85-1008CRT (E.D.N.C., May 19, 1986).

    AFFIRMED.

    AFFIRMED.

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