Stokely v. Bureau of Prisons

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-6121
FREDDIE STOKELY,
Plaintiff - Appellant,
versus
BUREAU OF PRISONS; WARDEN OF FCI-BUTNER,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. Terrence W. Boyle, Chief
District Judge. (CA-00-102)
Submitted: July 26, 2001 Decided: July 31, 2001
Before WILKINS, LUTTIG, and TRAXLER, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Freddie Stokely, Appellant Pro Se. Rudolf A. Renfer, Jr.,
Assistant United States Attorney, Raleigh, North Carolina, for
Appellees.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Freddie Stokely appeals from the district court’s order
granting summary judgment to Defendants in this Bivens* action.
Our review of the record and the district court’s opinion discloses
that this appeal is without merit. Accordingly, we affirm on the
reasoning of the district court. Stokely v. Bureau of Prisons, No.
CA-00-102 (E.D.N.C. Dec. 20, 2000). In addition, we decline to
consider for the first time on appeal Stokely’s claims of racial
and disability discrimination. See First Va. Banks, Inc. v. BP
Exploration & Oil, Inc., 206 F.3d 404, 407 n.1 (4th Cir. 2000)
(declining to consider issues for first time on appeal); Muth v.
United States, 1 F.3d 246, 250 (4th Cir. 1993) (holding that issues
raised for first time on appeal generally will not be considered
absent exceptional circumstances of plain error or fundamental
miscarriage of justice). We dispense with oral argument, because
the facts and legal contentions are adequately presented in the ma-
terials before the court and argument would not aid the decisional
process.
AFFIRMED
*
Bivens v. Six Unknown Named Agents of Fed. Bureau of
Narcotics, 403 U.S. 388 (1971).
2