Daye v. Barnes

• Court: Court of Appeals for the Fourth Circuit
• Decided: September 11, 2002
• Docket: 02-6941
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 02-6941

PHILLIP ANTHONY DAYE,

Plaintiff - Appellant,

versus

B. J. BARNES, Sheriff; WILLARDEAN DULA,

Defendants - Appellees.

Appeal from the United States District Court for the Middle District of North Carolina, at Durham. William L. Osteen, District Judge. (CA-01-94-1)

Submitted: September 5, 2002 Decided: September 11, 2002

Before MOTZ, KING, and GREGORY, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Phillip Anthony Daye, Appellant Pro Se. Susan D. Moore, COUNTY ATTORNEY’S OFFICE, Greensboro, North Carolina; Perry Cleveland Henson, Sr., Amanda Mary Willis, HENSON & HENSON, L.L.P., Greensboro, North Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.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

Phillip Anthony Daye appeals the district court’s order

denying relief on his 42 U.S.C.A. § 1983 (West Supp. 2002)

complaint under 28 U.S.C.A. § 1915A (West Supp. 2002). We have

reviewed the record and the district court’s opinion accepting the

magistrate judge’s recommendation and find that this appeal is

frivolous. Accordingly, we dismiss the appeal on the reasoning of

the district court. Daye v. Barnes, No. CA-01-94-1 (M.D.N.C. May

29, 2002). 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