Smith v. Myers

U.S. Court of Appeals for the Fourth Circuit March 7, 2005

Smith v. Myers, 122 F. App'x 652 (4th Cir. 2005)

Opinion

PER CURIAM:

Ray M. Smith appeals the district court’s orders denying relief on his 42 U.S.C. § 1983 (2000) complaint alleging excessive force by prison officers and denying his motion for appointment of counsel. We have reviewed the record and find no reversible error. Accordingly, we affirm on the reasoning of the district court. See Smith v. Myers, No. CA-03-366-5-BO (E.D.N.C. filed Oct. 17, 2003; entered Oct. 20, 2003; filed Aug. 23, 2004; entered Aug. 24, 2004). 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.

AFFIRMED

Reference

Full Case Name: Ray M. SMITH, Plaintiff—Appellant, v. Justin MYERS, Correctional Officer, High Security Unit at Polk Youth Institution; Benjamin Lea, Sergeant, High Security Unit at Polk Youth Institution; Dennis W. Vanburen, Lieutenant, High Security Unit at Polk Youth Institution; Kenneth Addington, Sergeant, High Security Unit at Polk Youth Institution; Shawn Toomey, Correctional Officer, High Security Unit at Polk Youth Institution; Dale Evans, Correctional Officer, High Security Unit at Polk Youth Institution; James Williams, Correctional Officer, High Security Unit at Polk Youth Institution, Defendants—Appellees
Status: Unpublished