Jimmy Lee McDaniel v. Harry L. Allsbrook, Superintendent Dr. Stanley, Institution Doctor

Fourth Circuit Court of Appeals

Submitted Jan. 21, 1987. Decided Feb. 25, 1987.

Fourth Circuit Court of Appeals · decided 1987-02-25

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

Relies on Head v. Do O'Dea

Opinion by Per Curiam · Decided 1987-02-25

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.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

Jimmy Lee McDaniel, appellant pro se.

Kaye R. Webb, Assistant Attorney General, for appellees.

PER CURIAM:

¶1

A review of the record and the district court's opinion adopting the magistrate's recommendation discloses that this appeal from its order denying 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. McDaniel v. Allsbrook, C/A No. 85-518-CRT (E.D.N.C., Oct. 10, 1986).

¶2

AFFIRMED.