Franklin Smith v. Brady McWhirter

Filing 920110307

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 10-6902

FRANKLIN C. SMITH, Plaintiff ­ Appellant, v. BRADY W. MCWHIRTER, Officer for the Richmond Police Department; SECOND OFFICER UNKNOWN, Officer for the Richmond Police Department, Defendants ­ Appellees.

Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Mark S. Davis, District Judge. (2:09-cv-00425-MSD-DEM)

Submitted:

February 28, 2011

Decided:

March 7, 2011

Before TRAXLER, Chief Judge, and KING and DIAZ, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Franklin C. Smith, Appellant Pro Se. M. Janet Palmer, CITY ATTORNEY'S OFFICE, Richmond, Virginia, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Franklin C. Smith appeals the district court's order denying relief on his 42 U.S.C. § 1983 (2006) complaint. have reviewed the record and find no reversible We

error.

Accordingly, we affirm for the reasons stated by the district court. Smith v. McWhirter, No. 2:09-cv-00425-MSD-DEM (E.D. Va. We dispense with oral argument because the contentions the court are and adequately argument presented not in aid the the

June 16, 2010). facts and legal before

materials

would

decisional process. AFFIRMED

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