Miller v. Briggs E

Fourth Circuit Court of Appeals

Submitted June 27, 1989. Decided Aug. 15, 1989. Rehearing and Rehearing In Banc Denied Sept. 20, 1989.

This page is marked noindex.

Fourth Circuit Court of Appeals · decided 1989-09-20

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

Relies on Richard E. Smyer, Jr., v Gene Braswell

Opinion by Per Curiam · Decided 1989-09-20

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.

James Byrd Miller, appellant pro se.

Before WIDENER, MURNAGHAN, and SPROUSE, Circuit Judges.

PER CURIAM:

¶1

James Byrd Miller appeals from the district court's order denying relief under 42 U.S.C. Sec. 1983. Our review of the record and the district court's opinion accepting the recommendation of the magistrate discloses that this appeal is without merit. Accordingly, we affirm on the reasoning of the district court. Miller v. Briggs, C/A No. 89-124-WS (M.D.N.C. Apr. 24, 1989). 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.

¶2

AFFIRMED.