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Terry Fitzgerald Zimmerman v. J v. Turlington R. Futrell M. Hudson Captain Penion

Citations: 74 F.3d 1235; 1996 U.S. App. LEXIS 38807; 1996 WL 15431Docket: 95-7332

Court: Court of Appeals for the Fourth Circuit; January 16, 1996; Federal Appellate Court

Narrative Opinion Summary

Terry Fitzgerald Zimmerman, the appellant, filed a pro se appeal against J.V. Turlington and others, the appellees, following a denial of relief on his 42 U.S.C. § 1983 complaint by the United States District Court for the Eastern District of North Carolina. The appeal was submitted on December 14, 1995, and decided on January 17, 1996. The Fourth Circuit Court of Appeals, consisting of Chief Judge Ervin and Circuit Judges Widener and Wilkins, reviewed the record and the district court's opinion, concluding that there was no reversible error. The court affirmed the district court's decision based on its reasoning in the case Zimmerman v. Turlington. The court determined that oral argument was unnecessary as the facts and legal issues were sufficiently clear in the submitted materials. The final ruling was an affirmation of the lower court's order.

Legal Issues Addressed

Affirmation of Lower Court's Ruling

Application: The appellate court affirmed the district court's decision, relying on the reasoning provided in the case Zimmerman v. Turlington.

Reasoning: The court affirmed the district court's decision based on its reasoning in the case Zimmerman v. Turlington.

Determination of Oral Argument Necessity

Application: The court determined that oral argument was unnecessary as the facts and legal issues were clearly presented in the submitted materials.

Reasoning: The court determined that oral argument was unnecessary as the facts and legal issues were sufficiently clear in the submitted materials.

Review of 42 U.S.C. § 1983 Complaints

Application: The Fourth Circuit Court of Appeals reviewed the appellant's complaint under 42 U.S.C. § 1983 and the district court's denial of relief, affirming the lower court's decision due to lack of reversible error.

Reasoning: The Fourth Circuit Court of Appeals, consisting of Chief Judge Ervin and Circuit Judges Widener and Wilkins, reviewed the record and the district court's opinion, concluding that there was no reversible error.