Daryll Shumake v. Commonwealth of Virginia

• Court: Court of Appeals for the Fourth Circuit
• Decided: April 30, 2024
• Docket: 22-6551
• Status: Unpublished

Opinion

USCA4 Appeal: 22-6551 Doc: 45 Filed: 04/30/2024 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 22-6551

DARYLL KEITH SHUMAKE,

Plaintiff - Appellant,

v.

THE COMMONWEALTH OF VIRGINIA,

Defendant - Appellee.

Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Michael F. Urbanski, Chief District Judge. (7:18-cv-00264-MFU-RSB)

Submitted: March 18, 2024 Decided: April 30, 2024

Before NIEMEYER, GREGORY, and HEYTENS, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Daryll Keith Shumake, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 22-6551 Doc: 45 Filed: 04/30/2024 Pg: 2 of 2

PER CURIAM:

Daryll Keith Shumake appeals the district court’s order denying his motions to

reconsider the district court’s prior order dismissing his 42 U.S.C. § 1983 complaint and to

amend his complaint to include additional claims. We have reviewed the record and find

no reversible error. Accordingly, we deny the pending motions and affirm the district

court’s order. * See Shumake v. Virginia, No. 7:18-cv-00264-MFU-RSB (W.D. Va. Apr. 8,

2022). We dispense with oral argument because the facts and legal contentions are

adequately presented in the materials before this court and argument would not aid the

decisional process.

AFFIRMED

* To the extent Shumake seeks to assert new claims in his motions filed on appeal, our denial is without prejudice to any right he may have to assert such claims in a new civil action. We are a “‘court of review, not first view.’” United States v. Frank, 8 F.4th 320, 333 (4th Cir. 2021). We express no view on the merits or viability of any such claims.