McGhee v. Stout

• Court: Court of Appeals for the Fourth Circuit
• Decided: December 2, 2005
• Docket: 05-6498
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 05-6498

WILLIAM MCGHEE,

Plaintiff - Appellant,

versus

STOUT, Correctional Officer; WYNN WILLIAMS; ANDERSON, Correctional Officer; FERGUSON, Correctional Officer; JOHN DOE, I; JOHN DOE, II; JOHN DOE, III; D. TAYLOR, Correctional Officer; MR. HENSLEY, Hearing Officer; STANLEY YOUNG, Warden; MOSCO WYNN, Correctional Officer,

Defendants - Appellees.

Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Jackson L. Kiser, Senior District Judge. (CA-03-426-7-JLK)

Submitted: November 22, 2005 Decided: December 2, 2005

Before MOTZ, TRAXLER, and GREGORY, Circuit Judges.

Dismissed by unpublished per curiam opinion.

William McGhee, Appellant Pro Se. William W. Muse, Assistant Attorney General, Richmond, Virginia, for Appellees.

Unpublished opinions are not binding precedent in this circuit.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

William McGhee appeals the district court’s order

dismissing his 42 U.S.C. § 1983 (2000) complaint under 28 U.S.C.

§ 1915(e)(2)(B) (2000) for failure to state a claim. We have

reviewed the record and find that this appeal is frivolous.

Accordingly, we dismiss the appeal on the reasoning of the district

court. See McGhee v. Stout, No. CA-03-426-7-JLK (W.D. Va. Jan. 13,

2005). 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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