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60 F.3d 821

Docket No. 94-7323.

Cleon Dillard v. M. Cox, Sheriff Medical Department Amherst County Jail R. Pitsen Barget, Nurse Alfred Roses, Lieutenant

Fourth Circuit Court of Appeals

Submitted: March 28, 1995. Decided: July 6, 1995.

Fourth Circuit Court of Appeals · decided 1995-07-06

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

Relies on Sosebee v. Murphy · Fitz v. McCormick

Opinion by Per Curiam · Decided 1995-07-06

NOTICE: Fourth Circuit Local Rule 36(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.

Cleon Dillard, appellant pro se. William Sampson Kerr, Appomattox, Virginia, for appellees.

W.D.Va.

AFFIRMED.

Before WILKINSON, NIEMEYER, and MICHAEL, Circuit Judges.

PER CURIAM:

¶1

Appellant appeals from the magistrate judge's* order denying relief on his 42 U.S.C. Sec. 1983 (1988) complaint. We have reviewed the record and the magistrate judge's opinion, and find no reversible error. Appellant's claim that Appellees' actions resulted in his exposure to, and contraction of, tuberculosis while Appellant was incarcerated amounts, at most, to a claim of negligence, and is therefore not cognizable under Sec. 1983. Sosebee v. Murphy, 797 F.2d 179 (4th Cir.1986). Accordingly, we affirm. 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.

¶2

AFFIRMED.

*

The parties consented to the jurisdiction of the magistrate judge with appeal to this Court pursuant to 29 U.S.C. Sec. 636(c)(2) (1988)

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