Downey v. Angelone

U.S. Court of Appeals for the Fourth Circuit February 5, 2003

Opinion

No. 02-7779

Plaintiff - Appellant,

versus

Defendant - Appellee.

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Robert E. Payne, District Judge. (CA-02-324-3)

Submitted: January 30, 2003 Decided: February 5, 2003

Before WIDENER, NIEMEYER, and TRAXLER, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Benjamin Ross Downey, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Benjamin Ross Downey appeals from the district court’s order

adopting the report and recommendation of a magistrate judge and

dismissing his

42 U.S.C. § 1983

(2000) complaint as abusive and

malicious under

28 U.S.C. § 1915

(e)(2) (2000). In a previous § 1983

action, Downey raised identical claims against the same defendant.

Downey v. Angelone, No. CA-97-239 (E.D. Va. June 16, 1998). We

have reviewed the record and the district court’s opinion and find

no reversible error. Accordingly, we affirm for the reasons stated

by the district court. Downey v. Angelone, No. CA-02-324-3 (E.D.

Va. Oct. 28, 2002). We dispense with oral argument because the

facts and legal contentions are adequately presented in the

materials before the court and argument would not aid the

decisional process.