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813 F.2d 1228

Docket No. 86-7338.

Fred Mabery v. Supt. Osborne J.J. Clark

Fourth Circuit Court of Appeals

Submitted Nov. 28, 1986. Decided March 6, 1987.

Fourth Circuit Court of Appeals · decided 1987-03-06

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

Relies on Roxalana Hills Ltd. v. Masonite Corp.

Opinion by Per Curiam · Decided 1987-03-06

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.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

Fred Mabery, appellant pro se.

Jacob Leonard Safron, Special Deputy Attorney General, for appellees.

PER CURIAM:

¶1

A review of the record and the district court's opinion accepting 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 deny leave to proceed in forma pauperis, dispense with oral argument and dismiss the appeal on the reasoning of the district court. Mabery v. Johnson, C/A No. 86-757-R (M.D.N.C., Oct. 22, 1986).

¶2

DISMISSED.

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