Lewin v. Medical College

UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
FILED: November 26, 1997
No. 96-2253
JONATHAN LEWIN,
Plaintiff - Appellant,
versus
MEDICAL COLLEGE OF HAMPTON ROADS, a/k/a
Eastern Virginia Medical School of the Medical
College of Hampton Roads; JAMES E. ETHERIDGE,
JR.; WILLIAM J. COOKE; CLINTON H. TOEWE, II;
ROBERT M. MCCOMBS; JAMES F. LIND; THOMAS J.
MANSER,
Defendants - Appellees.
O R D E R
Appellant has filed a Petition for Rehearing with
Suggestion for Rehearing In Banc, alleging error with respect to
this Court's August 5, 1997 opinion. We grant the petition for
rehearing to clarify that our affirmance also extends to the
district court's January 12, 1996, order granting a motion to
dismiss, in part. We have reviewed the record and the district
court's opinions and find no reversible error. Accordingly, we
affirm both orders on the reasoning of the district court. Lewin v.
Medical College of Hampton Roads, No. CA-95-279-N (E.D. Va. Jan. 12
and Aug. 2, 1996).
For the Court
/s/ PATRICIA S. CONNOR
CLERK
2
Rehearing granted, November 26, 1997 for the limited purpose of amending opinion
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 96-2253
JONATHAN LEWIN,
Plaintiff - Appellant,
versus
MEDICAL COLLEGE OF HAMPTON ROADS, a/k/a
Eastern Virginia Medical School of the Medical
College of Hampton Roads; JAMES E. ETHERIDGE,
JR.; WILLIAM J. COOKE; CLINTON H. TOEWE, II;
ROBERT M. MCCOMBS; JAMES F. LIND; THOMAS J.
MANSER,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern Dis-
trict of Virginia, at Norfolk. Rebecca B. Smith, District Judge.
(CA-95-279-N)
Submitted: June 10, 1997 Decided: August 5, 1997
Before NIEMEYER and WILKINS, Circuit Judges, and BUTZNER, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Jonathan Lewin, Appellant Pro Se. David Kegebein Sutelan, MAYS &
VALENTINE, Norfolk, Virginia; Alfred James Johnston, Jonathan
Barkasy Sprague, POST & SCHELL, P.C., Philadelphia, Pennsylvania,
for Appellees.
3
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Appellant appeals the district court's order granting summary
judgment against him in his action alleging a violation of the Fam-
ily Educational Rights and Privacy Act, 20 U.S.C.A. § 1232g(a)(2)
(West Supp. 1997), and related state law claims. 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. Lewin v. Medical College of Hampton Roads, No. CA-95-279-N
(E.D. Va. Jan. 12 and Aug. 2, 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
4