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John Price, Jr. v. Department of Corrections, Officers Medical Department Officers of Greensville Correctional Center, 79 F.3d 1141, 4th Cir. (1996)

The court affirmed the district court's denial of relief on a 42 U.S.C. § 1983 complaint filed by John Price against the Virginia Department of Corrections. While finding no reversible error in the district court's reasoning, the court modified the ruling to a dismissal rather than denial of relief, as the affidavits relied on by the district court were insufficient and proper notice under Roseboro v. Garrison was not provided. The court dispensed with oral argument as the facts and legal issues were adequately presented in the case materials.

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18 views2 pages

John Price, Jr. v. Department of Corrections, Officers Medical Department Officers of Greensville Correctional Center, 79 F.3d 1141, 4th Cir. (1996)

The court affirmed the district court's denial of relief on a 42 U.S.C. § 1983 complaint filed by John Price against the Virginia Department of Corrections. While finding no reversible error in the district court's reasoning, the court modified the ruling to a dismissal rather than denial of relief, as the affidavits relied on by the district court were insufficient and proper notice under Roseboro v. Garrison was not provided. The court dispensed with oral argument as the facts and legal issues were adequately presented in the case materials.

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79 F.

3d 1141

NOTICE: Fourth Circuit Local Rule 36(c) states that citation


of unpublished dispositions is disfavored except for establishing
res judicata, estoppel, or the law of the case and requires
service of copies of cited unpublished dispositions of the Fourth
Circuit.
John PRICE, Jr., Plaintiff-Appellant,
v.
DEPARTMENT OF CORRECTIONS, Officers; Medical
Department;
Officers of Greensville Correctional Center,
Defendants-Appellees.
No. 95-7698.

United States Court of Appeals, Fourth Circuit.


Submitted Feb. 27, 1996.
Decided March 19, 1996.

John Price, Jr., Appellant Pro Se.


Mark Ralph Davis, OFFICE OF THE ATTORNEY GENERAL OF
VIRGINIA, Richmond, Virginia, for Appellees.
Before MURNAGHAN, HAMILTON and MICHAEL, Circuit Judges.
Affirmed by unpublished per curiam opinion.
PER CURIAM:

Appellant appeals from the district court's order denying relief on his 42 U.S.C.
1983 (1988) complaint. We have reviewed the record and the district court's
opinion and find no reversible error. Accordingly, we affirm on the reasoning
of the district court. Price v. Department of Corrections, Nos. CA-92-1560-AM;
CA-93-13-AM; CA-93-14-AM; CA-93-15-AM; CA-93-16-AM (E.D.Va. Mar.
28, 1994). We modify the district court's order to one of dismissal because the
unexecuted affidavits on which the district court relied were insufficient to

support any findings. See Fed.R.Civ.P. 56 (required form of affidavits).


Further, the record does not support the district court's statement that Appellant
was given the notice required by Roseboro v. Garrison, 528 F.2d 309 (4th
Cir.1975). 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

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