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  • Smith v. Catoe, 4th Cir. (2004)

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    Robert Jerry Smith Jr. filed a 42 U.S.C. § 1983 complaint against multiple defendants related to his incarceration. The district court accepted the magistrate judge's recommendation and denied Smith relief. Smith appealed. The appeals court reviewed the record and found no reversible error, affirming the district court's decision to deny relief for the reasons stated. As a certificate of appealability is not required for a § 1983 action appeal, the court denied Smith's motion for a certificate of appealability as unnecessary.

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    Filed: 2004-09-21 Precedential Status: Non-Precedential Docket: 04-6821

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    Robert Jerry Smith Jr. filed a 42 U.S.C. § 1983 complaint against multiple defendants related to his incarceration. The district court accepted the magistrate judge's recommendation and denied Smith relief. Smith appealed. The appeals court reviewed the record and found no reversible error, affirming the district court's decision to deny relief for the reasons stated. As a certificate of appealability is not required for a § 1983 action appeal, the court denied Smith's motion for a certificate of appealability as unnecessary.

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    7 views3 pages

    Smith v. Catoe, 4th Cir. (2004)

    Uploaded by

    Scribd Government Docs
    Robert Jerry Smith Jr. filed a 42 U.S.C. § 1983 complaint against multiple defendants related to his incarceration. The district court accepted the magistrate judge's recommendation and denied Smith relief. Smith appealed. The appeals court reviewed the record and found no reversible error, affirming the district court's decision to deny relief for the reasons stated. As a certificate of appealability is not required for a § 1983 action appeal, the court denied Smith's motion for a certificate of appealability as unnecessary.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 04-6821

    ROBERT JERRY SMITH, JR.,


    Plaintiff - Appellant,
    versus
    DOUG CATOE, Former Director; RICKIE HARRISON,
    Warden;
    ROBIN
    CHAVIS,
    Associate
    Warden;
    STANLEY BURTT, Associate Warden; JIMMY SLIGH;
    NURSE LOYD; SOLOMON SANYO, Officer; OFFICER
    WAZLT; OFFICER ADAMSON; AMOS, Investigator;
    ROBINSON,
    Investigator;
    MIKE
    WILLIAMS,
    Maintence Supervisor; MIKE MURPHY, Maintence
    Supervisor; LIEUTENANT DAVIS; CHRISTOPHER
    ROBINSON, Former Maintenance Supervisor; D.
    COOK, Head Nurse; NURSE STEIN; TRACY TAYLOR,
    former Clinical Council; M. S. TAYLOR,
    Officer; B. ROBINSON, Officer; DEBRA WISE;
    MICHAEL J. BEINOR, MD; JOHN D. VOLMER,
    Administrator of South Carolina Board Medical
    Exam; OFFICER MANDIEZ, a/k/a Jones, Officer;
    NURSE SHUMPERT, Nurse Practitioner; NURSE
    GARDNER; OFFICER SHROPSHIRE; JORDAN; JENNIGN;
    PERRY, former IGP; WAYNE PAGE, Maintenance
    Supervisor,
    Defendants - Appellees.

    Appeal from the United States District Court for the District of
    South Carolina, at Florence.
    Henry F. Floyd, District Judge.
    (CA-02-1046-4-26-BH)

    Submitted:

    August 20, 2004

    Decided:

    September 21, 2004

    Before NIEMEYER, WILLIAMS, and TRAXLER, Circuit Judges.

    Affirmed by unpublished per curiam opinion.

    Robert Jerry Smith, Jr., Appellant Pro Se.


    Irmo, South Carolina, for Appellees.

    James E. Parham, Jr.,

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    - 2 -

    PER CURIAM:
    Robert Jerry Smith, Jr., appeals the district courts
    order accepting the recommendation of the magistrate judge and
    denying relief on his 42 U.S.C. 1983 (2000) complaint.
    reviewed the record and find no reversible error.

    We have

    Accordingly, we

    affirm for the reasons stated by the district court.

    See Smith v.

    Catoe, No. CA-02-1046-4-26-BH (D.S.C. Apr. 5, 2004).

    Because a

    certificate of appealability is not required to appeal from the


    district courts order denying relief in a 1983 action, we deny
    Smiths motion for a certificate of appealability as unnecessary.
    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

    - 3 -

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