James v. National Library

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 96-2355
CLARK EDWARD JAMES, a/k/a Edward Gibbs,
Plaintiff - Appellant,
versus
THE NATIONAL LIBRARY OF POETRY,
Defendant - Appellee.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. Andre M. Davis, District Judge. (CA-96-246-
AMD)
Submitted: January 28, 1997 Decided: February 18, 1997
Before ERVIN, MICHAEL, and MOTZ, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Clark Edward James, Appellant Pro Se. Matthew Henry Azrael, AZRAEL,
GANN & FRANZ, Baltimore, Maryland, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Edward James Clark appeals the district court granting Defen-
dant's motion for summary judgment. We have reviewed the record and
the district court's opinion and find no reversible error. Although
the district court failed to provide Clark notice of Defendant's
motion for summary judgment motion, and a warning that failure to
file opposing affidavits could result in a grant of summary judg-
ment for the moving party, as required under Roseboro v. Garrison,
528 F.2d 309, 310 (4th Cir. 1975), we find that, under the circum-
stances, such error was harmless. Accordingly, we affirm the dis-
trict court's opinion. We dispense with oral argument because the
facts and legal contentions are adequately presented in the mate-
rials before the court and argument would not aid the decisional
process. Defendant's motion to strike Plaintiff's untitled motion,
in which he asserts new claims, is granted. We deny Appellant's
motion for disclosure of evidence.
AFFIRMED
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