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Monroe Roosevelt Parker, Reverend v. The City of Virginia Beach Frank Drew, Sheriff Major Smith Captain O'Brien Virginia Beach Correctional Center Douglas Wilder Robert J. Humphries, Jr. Commonwealth of Virginia Mary Sue Terry Joseph Vitale, Colonel W. C. Smith, Major R. Hill S. M. Wilke, Lieutenant Alvin L. Rogers Robert D. Stinnett Paul M. Gottal Deputy Gray

Citations: 25 F.3d 1040; 1994 U.S. App. LEXIS 20811; 1994 WL 200788Docket: 93-6638

Court: Court of Appeals for the Fourth Circuit; May 19, 1994; Federal Appellate Court

Narrative Opinion Summary

Monroe Roosevelt Parker, representing himself, appealed the denial of his 42 U.S.C. § 1983 complaint by the United States District Court for the Eastern District of Virginia. The appeal was reviewed by the Fourth Circuit Court of Appeals, which included Judges Hall, Murnaghan, and Niemeyer. The court affirmed the district court's decision without merit, agreeing with the reasoning provided in the district court's order dated May 12, 1993. Parker's motion to proceed in forma pauperis was granted. The court concluded that the facts and legal arguments were sufficiently presented in the existing materials, rendering oral argument unnecessary. The appellate court's decision is final and upholds the lower court's ruling.

Legal Issues Addressed

Affirmation of Lower Court Decisions

Application: The Fourth Circuit Court of Appeals affirmed the district court's decision, agreeing with the reasoning provided by the lower court.

Reasoning: The court affirmed the district court's decision without merit, agreeing with the reasoning provided in the district court's order dated May 12, 1993.

Appellate Review without Oral Argument

Application: The appellate court decided that oral argument was unnecessary as the facts and legal arguments were adequately presented in the existing materials.

Reasoning: The court concluded that the facts and legal arguments were sufficiently presented in the existing materials, rendering oral argument unnecessary.

In Forma Pauperis in Appellate Proceedings

Application: Parker's motion to proceed in forma pauperis was granted by the appellate court, allowing him to proceed without the burden of court fees.

Reasoning: Parker's motion to proceed in forma pauperis was granted.

Review of 42 U.S.C. § 1983 Complaints

Application: The Fourth Circuit Court of Appeals reviewed the denial of Parker's 42 U.S.C. § 1983 complaint and found no merit in the appeal.

Reasoning: Monroe Roosevelt Parker, representing himself, appealed the denial of his 42 U.S.C. § 1983 complaint by the United States District Court for the Eastern District of Virginia.