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110 F.3d 60

Docket No. 96-7439.

Thomas E. Smith v. Daniel L. McCarthy Judge of the Circuit Court of Harrison County, West Virginia

Fourth Circuit Court of Appeals

Submitted March 27, 1997. Decided April 3, 1997.

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Fourth Circuit Court of Appeals · decided 1997-04-03

Applies 28 U.S.C. § 1915 · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))

Relies on Glenn Calvin Lawhorn, Jr. v. Rufus R. Fleming, Warden Nottoway Correction Al Center

Good law ✅— No negative treatment on recordhow we know

Opinion by Per Curiam · Decided 1997-04-03

How this case has been cited

Cited by 10 later decisions — most recently May 2011

1 federal appellate · 2 district · 1 state decisions

60199720002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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NOTICE: Fourth Circuit Local Rule 36(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.

Thomas E. Smith, Appellant Pro Se.

Before RUSSELL, LUTTIG, and MICHAEL, Circuit Judges.

PER CURIAM:

¶1

Appellant, a West Virginia inmate, appeals the district court's order denying relief on his 42 U.S.C. § 1983 (1994) complaint under 28 U.S.C. § 1915(e) (1994), amended by Prison Litigation Reform Act, Pub.L. No. 104-134, 110 Stat. 1321 (1996). We have reviewed the record and the district court's opinion and find that this appeal is frivolous. Accordingly, we dismiss the appeal on the reasoning of the district court. Smith v. McCarthy, No. CA96-132-1 (N.D.W.Va. Aug. 29, 1996). 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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