McMillan v. Barker

Fourth Circuit Court of Appeals

Submitted May 19, 1987. Decided July 28, 1987.

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Fourth Circuit Court of Appeals · decided 1987-07-28

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

Relies on George C. Leining v. Commissioner of Internal Revenue

Opinion by Per Curiam · Decided 1987-07-28

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.

Jimmy Augusta McMillan, appellant pro se.

Lucien Capone, III, Assistant Attorney General, for appellees.

Before WIDENER, HALL and ERVIN, Circuit Judges.

PER CURIAM:

¶1

A review of the record and the district court's opinion accepting the recommendation of the magistrate discloses that this appeal from its order refusing 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. McMillan v. Barker, C/A No. 83-469-CRT (E.D.N.C., Jan. 22, 1987).

¶2

AFFIRMED.