Yarn v. Thomas , 54 F. App'x 581 ( 2003 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-7330
JEROME YARN, JR.,
Plaintiff - Appellant,
versus
E. B. THOMAS, Lieutenant; EDWARD KIMBLE,
Sergeant; SERGEANT HINNANT; OFFICER DAVIS,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. W. Earl Britt, Senior
District Judge. (CA-99-375-5-BR)
Submitted: January 16, 2003 Decided: January 23, 2003
Before WILLIAMS, KING, and GREGORY, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Jerome Yarn, Jr., Appellant Pro Se. Deborrah Lynn Newton, Assistant
Attorney General, Raleigh, North Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Jerome Yarn, Jr., appeals the district court’s order denying
relief on his 42 U.S.C. § 1983 (2000) complaint. We have reviewed
the record and find no reversible error. While Yarn has alleged
abuse of the district court’s discretion in denying him a jury
trial and limiting the cross-examination of witnesses, he has not
alleged facts which would support this conclusion. Yarn’s claim of
error by the district court in its factual determination that Yarn
became angry, thus prompting the institutional use of force against
him, is based upon a credibility determination, which this court
will not review on appeal. Murdaugh Volkswagen, Inc. v. First Nat’l
Bank of S.C., 801 F.2d 719, 725 (4th Cir. 1986). Finally, we find
specious Yarn’s contention that the district court erred in not
evaluating the force applied and the seriousness of the resulting
injury against the need for the use of force, given that such an
evaluation was a necessary and integral part of the district
court’s final determination denying relief to Yarn. 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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