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Buster Marshall v. John R. Maxcey Captain Gillespie Deputy Warden Fowler, 94 F.3d 641, 4th Cir. (1996)

The document is a court case from the United States Court of Appeals for the Fourth Circuit from August 20, 1996. Buster Marshall filed a civil rights complaint under 42 U.S.C. § 1983 against several prison officials which was denied by the district court. The appellate court affirmed the district court's ruling, but modified it to be a dismissal without prejudice rather than with prejudice. The appellate court found no reversible error in the district court's acceptance of the magistrate judge's recommendation.

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19 views1 page

Buster Marshall v. John R. Maxcey Captain Gillespie Deputy Warden Fowler, 94 F.3d 641, 4th Cir. (1996)

The document is a court case from the United States Court of Appeals for the Fourth Circuit from August 20, 1996. Buster Marshall filed a civil rights complaint under 42 U.S.C. § 1983 against several prison officials which was denied by the district court. The appellate court affirmed the district court's ruling, but modified it to be a dismissal without prejudice rather than with prejudice. The appellate court found no reversible error in the district court's acceptance of the magistrate judge's recommendation.

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94 F.

3d 641

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of unpublished dispositions is disfavored except for establishing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service of copies of cited unpublished dispositions of the Fourth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.
Buster MARSHALL, Plaintiff-Appellant,
v.
John R. MAXCEY; Captain Gillespie; Deputy Warden Fowler,
Defendants-Appellees.
No. 96-6417.

United States Court of Appeals, Fourth Circuit.


Aug. 20, 1996.

Buster Marshall, Appellant Pro Se. Henry Ronald Stanley, Columbia,


South Carolina, for Appellees.
Before MURNAGHAN and ERVIN, Circuit Judges, and BUTZNER,
Senior Circuit Judge.
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 accepting the magistrate judge's recommendation and find no
reversible error. Accordingly, we affirm on the reasoning of the district court,
but modify the district court's order to reflect a dismissal without prejudice.
Marshall v. Maxcey, No. CA-95-1856-6-3AK (D.S.C. Mar. 1, 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 AS MODIFIED

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