Eller v. State of Virginia

Fourth Circuit

Eller v. State of Virginia

102 F. App'x 792

Court of Appeals for the Fourth Circuit·Decided July 20, 2004·No. 04-1522·Unpublished

Opinion

PER CURIAM:

Tony Franklin Eller appeals the district court’s order dismissing his civil rights claim for failure to state a claim on which relief may be granted. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. See Eller v. Virginia, 430 So.2d 1111 (W.D.Va.2004); see also Younger v. Harris, 401 U.S. 37 (1971) (holding that federal courts will not intervene in ongoing state criminal prosecution absent exceptional circumstances). 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.

AFFIRMED

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PER CURIAM:

Tony Franklin Eller appeals the district court’s order dismissing his civil rights claim for failure to state a claim on which relief may be granted. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. See Eller v. Virginia, 430 So.2d 1111 (W.D.Va.2004); see also Younger v. Harris, 401 U.S. 37 (1971) (holding that federal courts will not intervene in ongoing state criminal prosecution absent exceptional circumstances). 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.

AFFIRMED

Eller v. State of Virginia, 102 F. App'x 792 (4th Cir. 2004).

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