Michael McCloud v. Cristella Rice

• Court: Court of Appeals for the Fourth Circuit
• Decided: October 4, 2023
• Docket: 23-1004
• Status: Unpublished

Opinion

USCA4 Appeal: 23-1004 Doc: 16 Filed: 10/04/2023 Pg: 1 of 3

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 23-1004

MICHAEL MCCLOUD,

Plaintiff - Appellant,

v.

CRISTELLA RICE; NEWPORT NEWS REDEVELOPMENT & HOUSING AUTHORITY,

Defendants - Appellees,

and

MARCIA L. FUDGE, Secretary of HUD; KELLY BRUNSON; STUART GARDENS ASSOCIATES LIMITED PARTNERSHIP,

Defendants.

Appeal from the United States District Court for the Eastern District of Virginia, at Newport News. Mark S. Davis, Chief District Judge. (4:20-cv-00004-MSD-RJK)

Submitted: September 28, 2023 Decided: October 4, 2023

Before NIEMEYER, THACKER, and RUSHING, Circuit Judges.

Affirmed by unpublished per curiam opinion. USCA4 Appeal: 23-1004 Doc: 16 Filed: 10/04/2023 Pg: 2 of 3

Michael McCloud, Appellant Pro Se. Matthew D. Meadows, JONES, BLECHMAN, WOLTZ & KELLY, PC, Newport News, Virginia, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

2 USCA4 Appeal: 23-1004 Doc: 16 Filed: 10/04/2023 Pg: 3 of 3

PER CURIAM:

Michael McCloud appeals the district court’s order granting summary judgment to

Defendants in McCloud’s 42 U.S.C. § 1983 action. We have reviewed the record and find

no reversible error. Specifically, we conclude that McCloud failed to demonstrate that

Defendants violated his due process rights as a matter of law because he had no

constitutionally protected property or liberty interest in his application for a Section 8

housing voucher. See, e.g., Phelps v. Hous. Auth. of Woodruff, 742 F.2d 816, 822-23 (4th

Cir. 1984). Defendants were therefore entitled to summary judgment on McCloud’s

claims. Accordingly, we affirm the district court’s order. 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