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86 F. App'x 621

Berry v. Shy

U.S. Courts of Appeals

Decided February 6, 2004

U.S. Courts of Appeals · decided 2004-02-06

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

Affirmed by unpublished per curiam opinion · Decided 2004-02-06

PER CURIAM.

¶1 Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

¶2 James William Berry, Sr., appeals from the district court’s order denying relief in his action in which he asserted claims under 42 U.S.C. § 1983 (2000), and the Americans with Disabilities Act. * We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. See Berry v. Shy, No. CA-00-604-3 (S.D.W.Va. Sept. 30, 2003). 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.

¶3 AFFIRMED

*

¶4 In light of the disposition of the federal claims, the district court dismissed Berry’s claim under the West Virginia Freedom of Information Act, without prejudice to his rights to file such claim in state court.

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