Public-domain · open source
OpenJurist

811 F.2d 1504

Docket No. 86-6649.

Connelly v. Rosser

Fourth Circuit Court of Appeals

Submitted Dec. 31, 1986. Decided Feb. 3, 1987.

This page is marked noindex.

Fourth Circuit Court of Appeals · decided 1987-02-03

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

Relies on Boyce v. Alizaduh · Otto Bintz v. Nsu Board Odu Board Governor of Virginia

Opinion by Per Curiam · Decided 1987-02-03

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.

Before RUSSELL, MURNAGHAN and SPROUSE, Circuit Judges.

Early Arnold Connelly, appellant pro se.

PER CURIAM:

¶1

Early Arnold Connelly appeals the district court order dismissing his 42 U.S.C. Sec. 1983 complaint as frivolous. Connelly seeks damages, alleging that his constitutional rights were violated while he was a pre-trial detainee at the Harnett County Jail, Harnett, North Carolina. Our review of the record reveals that it is " 'beyond doubt' and under any 'arguable' construction, 'both in law and in fact' of the substance of [Connelly's] claim that he would not be entitled to relief." Boyce v. Alizaduh, 595 F.2d 948, 952 (4th Cir.1979). The complaint is therefore frivolous within the meaning of 28 U.S.C. Sec. 1915(d).

¶2

Because the dispositive issues have recently been decided authoritatively, we dispense with oral argument and affirm the judgment below.

¶3

AFFIRMED.

/811/f2d/1504 · .json · Public domain