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Clinton Perry v. Western Tidewater Regional Jail Jack Dewan, Superintendent

Citations: 37 F.3d 1495; 1994 U.S. App. LEXIS 34882; 1994 WL 558267Docket: 94-6700

Court: Court of Appeals for the Fourth Circuit; October 13, 1994; Federal Appellate Court

Narrative Opinion Summary

Clinton Perry, the appellant, filed a pro se appeal against the Western Tidewater Regional Jail and its Superintendent, Jack Dewan, following the denial of relief on 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, after examining the record and the district court's reasoning, found the appeal to be without merit. Consequently, the court affirmed the lower court's decision, stating that the facts and legal arguments were sufficiently clear in the submitted materials, thereby dispensing with the need for oral argument. The affirmation was based on the district court's reasoning articulated in Perry v. Western Tidewater Regional Jail, No. CA-93-588-2 (E.D. Va. June 10, 1994).

Legal Issues Addressed

42 U.S.C. § 1983 Complaint

Application: The appellant's complaint under 42 U.S.C. § 1983 was denied relief by the district court, and this denial was upheld on appeal.

Reasoning: Clinton Perry, the appellant, filed a pro se appeal against the Western Tidewater Regional Jail and its Superintendent, Jack Dewan, following the denial of relief on his 42 U.S.C. § 1983 complaint by the United States District Court for the Eastern District of Virginia.

Affirmation of Lower Court's Decision

Application: The Fourth Circuit affirmed the district court's decision, indicating the clarity of facts and legal arguments presented negated the need for oral argument.

Reasoning: Consequently, the court affirmed the lower court's decision, stating that the facts and legal arguments were sufficiently clear in the submitted materials, thereby dispensing with the need for oral argument.

Pro Se Appeal Review Standard

Application: The Fourth Circuit Court of Appeals reviewed the appellant's pro se appeal and found it to be without merit.

Reasoning: The appeal was reviewed by the Fourth Circuit Court of Appeals, which, after examining the record and the district court's reasoning, found the appeal to be without merit.