Bane v. Robinson
Bane v. Robinson
Opinion
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT ROBERT ALLEN BANE, Plaintiff-Appellant, v. MR. ROBINSON; DOCTOR MAY; DOCTOR THOMPSON; RON ANGELONE, Director, Virginia Department of No. 97-7591 Corrections; E. B. WALKER, Assistant Warden; MS. EPPERSON, Head Nurse; E. WHITLEY, Nurse, LPN; J. H. FIELDS, Regional Ombudsman; SERGEANT LOVE; SERGEANT TAYLOR, Defendants-Appellees.
Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria.
James C. Cacheris, Senior District Judge. (CA-96-243-AM) Submitted: September 30, 1998 Decided: November 6, 1998 Before WILKINS and HAMILTON, Circuit Judges, and HALL, Senior Circuit Judge. _________________________________________________________________ Affirmed by unpublished per curiam opinion. _________________________________________________________________ COUNSEL Robert Allen Bane, Appellant Pro Se. Martha Murphey Parrish, Assistant Attorney General, Richmond, Virginia; Elizabeth Butter- worth Stutts, MCGUIRE, WOODS, BATTLE & BOOTHE, L.L.P., Richmond, Virginia, for Appellees. _________________________________________________________________ Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). _________________________________________________________________ OPINION PER CURIAM: Robert Allen Bane appeals from the district court's order dismiss- ing his complaint alleging violations of 42 U.S.C.A.§ 1983 (West Supp. 1998), and the Americans with Disabilities Act, 42 U.S.C.A. §§ 12101-12213
Turning to Bane's ADA claim, we note that the district court dis- posed of this claim under our holding in Amos v. Maryland Depart- ment of Public Safety and Correctional Services, 126 F.3d 589 (4th Cir. 1997), stating that the ADA does not apply to prisons. During the pendency of Bane's appeal, the Supreme Court held in Pennsylvania Department of Corrections v. Yeskey, ___ U.S. ___, 66 U.S.L.W. 4481
We also deny Bane's pending motions for a special order of injunc- tion or compulsion as moot. We dispense with oral argument because the facts and legal contentions are adequately presented in the materi- als before the court and argument would not aid the decisional pro- cess.
AFFIRMED
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