Narrative Opinion Summary
Robert Martin Barritt's appeal of the district court's order, which accepted the magistrate judge's recommendation to dismiss his 42 U.S.C. § 1983 complaint under 28 U.S.C. § 1915A(b), has been dismissed. The appellate court, in a PER CURIAM opinion, found the appeal to be frivolous after reviewing the record. It concurred with the reasons stated by the district court for the dismissal. The case citation is Barritt v. Ney, No. 1:07-cv-00107-IMK-JES, 2009 WL 1754257 (N.D.W. Va. June 19, 2009). The court decided against oral argument, determining that the facts and legal issues were adequately presented in the court materials, and that argument would not contribute to the decision-making process.
Legal Issues Addressed
Dismissal of Complaint under 28 U.S.C. § 1915A(b)subscribe to see similar legal issues
Application: The district court dismissed Robert Martin Barritt's 42 U.S.C. § 1983 complaint as frivolous, following a magistrate judge's recommendation.
Reasoning: Robert Martin Barritt's appeal of the district court's order, which accepted the magistrate judge's recommendation to dismiss his 42 U.S.C. § 1983 complaint under 28 U.S.C. § 1915A(b), has been dismissed.
Review of Frivolous Appealssubscribe to see similar legal issues
Application: The appellate court reviewed the record and determined that the appeal was frivolous, affirming the district court's dismissal.
Reasoning: The appellate court, in a PER CURIAM opinion, found the appeal to be frivolous after reviewing the record.
Waiver of Oral Argumentsubscribe to see similar legal issues
Application: The court decided against oral argument, finding that the written submissions sufficiently presented the facts and legal issues.
Reasoning: The court decided against oral argument, determining that the facts and legal issues were adequately presented in the court materials, and that argument would not contribute to the decision-making process.