Davis v. Smith

• Court: Court of Appeals for the Fourth Circuit
• Decided: September 3, 2004
• Docket: 04-6890
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 04-6890

WILLIAM HENCELY DAVIS, JR.,

Plaintiff - Appellant,

versus

W. OSMOND SMITH, III,

Defendant - Appellee.

No. 04-6951

JOEL H. BREWER,

Appeals from the United States District Court for the Middle District of North Carolina, at Durham. Frank W. Bullock, Jr., District Judge, and N. Carlton Tilley, Jr., Chief District Judge. (CA-04-43-1; CA-03-1189-1)

Submitted: August 26, 2004 Decided: September 3, 2004 Before WIDENER and SHEDD, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

William Hencely Davis, Jr., Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

- 2 - PER CURIAM:

William Hencely Davis, Jr., appeals the district court’s

orders accepting the recommendations of the magistrate judge and

denying relief on his 42 U.S.C. § 1983 (2000) complaints under 28

U.S.C. § 1915(e)(2)(B) (2000). We have reviewed the records and

find that these appeals are frivolous. Accordingly, we dismiss the

appeals on the reasoning of the district court. See Davis v.

Smith, No. CA-04-43-1; Davis v. Brewer, No. CA-03-1189-1 (M.D.N.C.

filed Mar. 29, 2004 & entered Mar. 30, 2004; Apr. 30, 2004). 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.

DISMISSED

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