John Smith, Sr. v. Commonwealth of Virginia

Filing 920080829


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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-6235 JOHN PAUL SMITH, SR., Plaintiff - Appellant, v. COMMONWEALTH OF VIRGINIA; VIRGINIA DEPARTMENT OF CORRECTIONS; GENE M. JOHNSON, VDOC Director; FRED SCHILLING, VDOC Health Services Director; POWHATAN CORRECTIONAL CENTER; EDDIE L. PEARSON, Warden; WARDEN BAILEY; DOCTOR RODR; NURSE SPIGLE, Defendants - Appellees. Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Rebecca Beach Smith, District Judge. (2:06-cv-00643-RBS-TEM) Submitted: July 31, 2008 Decided: August 29, 2008 Before MICHAEL, KING, and SHEDD, Circuit Judges. Affirmed by unpublished per curiam opinion. John Paul Smith, Sr., Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: John Paul Smith, Sr., appeals the district court's order dismissing his 42 U.S.C. 1983 (2000) complaint for failure to state a claim. error. We have reviewed the record and find no reversible Accordingly, we affirm for the reasons stated by the district court. Smith v. Virginia, No. 2:06-cv-00643-RBS-TEM (E.D. Va. Jan. 17, 2008). facts and legal before We dispense with oral argument because the are and adequately argument presented not in aid the the contentions the court materials would decisional process. AFFIRMED - 2 -

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