Nesbitt v. Meyer

U.S. Court of Appeals for the Fourth Circuit

Nesbitt v. Meyer

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 96-6852

FRANK ARNOLD NESBITT,

Plaintiff - Appellant,

versus

NORMAN H. MEYER, JR.; JOHN L. MAHONEY,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. T. S. Ellis, III, District Judge. (CA-96-696-AM)

Submitted: October 17, 1996 Decided: October 24, 1996

Before MURNAGHAN and WILLIAMS, Circuit Judges, and BUTZNER, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Frank Arnold Nesbitt, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Appellant appeals from the district court's order dismissing

his Bivens* complaint under

28 U.S.C. § 1915

(d) (1994), amended by Prison Litigation Reform Act,

Pub. L. No. 104-134, 110

Stat. 1321.

We have reviewed the record and the district court's opinion and

find no reversible error. Although court clerks are not generally

entitled to immunity for their ministerial duties, McCray v. Mary-

land,

456 F.2d 1, 4

(4th Cir. 1972), Appellant's claim of negli-

gence in the clerk's execution of his duties is not cognizable as

a constitutional wrong. Daniels v. Williams,

474 U.S. 327

(1986).

Accordingly, we affirm the district court's order. We dispense with

oral argument because the facts and legal contentions are adequate-

ly presented in the materials before the court and argument would not aid the decisional process. Appellant's motion to file an in-

formal brief is granted.

AFFIRMED

* Bivens v. Six Unknown Named Agents of Fed. Bureau of Nar- cotics,

403 U.S. 388

(1971).

2

Reference

Status
Unpublished