Oliver v. v. Gray

U.S. Court of Appeals for the Fourth Circuit

Oliver v. v. Gray

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-6431

JERRY L. OLIVER,

Plaintiff - Appellant,

v.

V. GRAY, Opt. Officer; THOMAS, Grievance Coor.; GILES, C/O; STOOTS, Sgt.; SERGEANT LYNCHARD; MYERS, Captain; MS. C. MATTHEWS, T.P.S.; DILLMAN, Warden; MS. CROWDER-AUSTIN, Regional Ombudsman; COLEMAN, C/O; REEVES, C/O; ANDREW J. GIBBS; FOUNTAIN, C/O; MR. GILES; HOWARD BRUCE SCHNEIDER,

Defendants - Appellees.

Appeal from the United States District Court for the Western District of Virginia, at Roanoke. James C. Turk, Senior District Judge. (7:09-cv-00004-jct-mfu)

Submitted: December 17, 2009 Decided: January 6, 2010

Before WILKINSON, KING, and GREGORY, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Jerry L. Oliver, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Jerry L. Oliver, a Virginia state prisoner, appeals

the district court’s dismissal of his

42 U.S.C. § 1983

(2006)

action for failure to state a claim, pursuant to 28 U.S.C.

§ 1915A(b)(1) (2006). We have reviewed the record and find no

reversible error. Accordingly, we affirm substantially on the

reasoning of the district court. Oliver v. Gray, No. 7:09-cv-

00004-jct-mfu (W.D. Va. Feb. 12, 2009). With regard to Oliver’s

claim of denial of access to the courts, we find that Oliver has

failed to demonstrate that he suffered an actual injury because

of the Defendants’ actions; thus, his claim is not actionable.

See Lewis v. Casey,

518 U.S. 343, 351-52

(1996). 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

2

Reference

Status
Unpublished