Charlie Omar Seay v. John Mulberry, Appomottox County Deputy Sheriff Fred Gottsey, Appomottox County Deputy Sheriff, and Kenneth A. Powell, M.D. , 72 F.3d 128 ( 1995 )

72 F.3d 128
NOTICE: Fourth Circuit Local Rule 36(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.

Charlie Omar SEAY, Plaintiff-Appellant,
v.
John MULBERRY, Appomottox County Deputy Sheriff; Fred
Gottsey, Appomottox County Deputy Sheriff,
Defendants-Appellees,
and
Kenneth A. Powell, M.D., Defendant.

No. 95-7231.

United States Court of Appeals, Fourth Circuit.

Submitted Nov. 16, 1995.
Decided Dec. 12, 1995.

Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Jackson L. Kiser, Chief District Judge. (CA-94-919)

Charlie Omar Seay, Appellant Pro Se. Richard E. Spies, O'KEEFFE, MORRISON & SPIES, Lynchburg, Virginia, for Appellees.

W.D.Va.

AFFIRMED.

Before MICHAEL and MOTZ, Circuit Judges, and BUTZNER, Senior Circuit Judge.

PER CURIAM:

1

Appellant appeals from the district court's order denying relief on his 42 U.S.C. Sec. 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. Seay v. Mulberry, No. CA-94-919 (W.D.Va. July 14, 1995). We deny Appellee's motion to dismiss the appeal as untimely. 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.

2

AFFIRMED.