Opinion

Jones v. Public Broadcasting

Court
Court of Appeals for the Fourth Circuit
Filed
Dec 21, 1999
Status
Unpublished
Cited by
0 cases
Authority
More cited than 28.0%

The opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 99-2223

SYLVESTER JONES,

Plaintiff - Appellant,

versus

PUBLIC BROADCASTING SERVICE; JIM LEHRER, Host;

LESTER M. CRYTAL, Executive Producer; REX D.

ADAMS, The Fuqua School of Business, Durham,

North Carolina; MARIAN B. ANDERSEN, Lay

Representative Nebraska, Educational Telecom-

munications Commission, Omaha, Nebraska; HENRY

P. BECTON, JR., President and General Manager

WGBH, Educational Foundation Boston, Massa-

chusetts; CHARLES L. BROWN, Former Chairman

AT&T, Princeton, New Jersey, Representing New

Jersey Network; LOUISE HENRY BRYSON, Former

Senior Vice President FZ Network; COLIN G.

CAMPBELL, Chairman, President Rockefeller

Brothers Fund New York; JEFF CLARKE, General

Manager and Chief Executive Officer, KUHT,

Houston Public Television, Houston, Texas;

CHERYL A. CRAIGIE, President and Chief Exec-

utive Officer, KERA, North Texas Public Broad-

casting, Incorporated, Dallas, Texas; DAVID L.

DIAL, President and General Manager, WNIN,

Tri-State Public Teleplex, Incorporated,

Evansville, Indiana; ERVIN S. DUGGAN, Presi-

dent and Chief Executive Officer, Public

Broadcasting Service, Alexandria, Virginia;

FRED C. ESPLIN, General Manager, KUED, Univer-

sity of Utah, Salt Lake City, Utah; ROBERT H.

GARDINER, President, Maine Public Broadcast-

ing, Lewiston, Maine; W. WAYNE GOWIN, Vice

Chairman, President and General Manager, WCET,

Greater Cincinnati TV Educational Foundation,

Cincinnati, Ohio; DENNIS L. HAARSAGER, General

Manager, KWSU/KTNW, Washington State Univer-

sity, Pullman, Washington; SUSAN HOWARTH,

Executive Director, Arkansas Educational Tele-

vision Network, Conway, Arkansas; TOM HOEW,

Director and General Manager, The UNC Center

for Public Television, Research Triangle Park,

North Carolina; ALBERTO IBARGUEN, Publisher,

The Miami Herald, Miami, Florida; WILBERT J.

LEMELLE, President, Chief Executive Officer-

FMC Corporation, Chicago, Illinois, Represent-

ing WTTW Chicago; NANCY HICKS MARYNARD,

Director, The Economics of New York PROJECT,

New York; RUSSELL W. MEYER, JR., Chairman and

Chief Executive Officer, The CESSNA Aircraft

Company; ROBERT H. MICHEL, Former Minority

Leader, U.S. House of Representatives, Wash-

ington D.C., Representing WTVP Peoria,

Illinois; GEORGE MILES, JR., President and

Chief Executive Officer-WQED Pittsburgh, Penn-

sylvania; SONIN PEREZ, Executive Director-

External Affairs, Southwestern Bell Telephone,

McAllen Texas-Representing KMBH, Haringen,

Texas; PITA RAY, Executive Director, West

Virginia Educational Broadcasting Authority-

Charleston, West Virginia; JAMES Q. RIORDAN,

Former Vice Chairman, Mobil Corporation-New

York, New York; SHARON P. ROCKEFELLER,

President and Chief Executive Officer, WETA-

The Greater Washington Educational Telecom-

munications Association, Incorporated, Arling-

ton, Virginia; MEL ROGERS, President and

General Manager, KOCE-Coast Community College

District, Huntington Beach, California;

CATHARINE R. SIMPSON, Dean, Graduate School of

Arts and Science, New York University-New

York, New York, Representing WNET New York;

SIDNEY TOPOL, President, Topol Group, Incor-

porated, Springfield, Massachusetts, repre-

senting WGBH/WGBY Boston, Massachusetts;

MARSHALL TURNER, Vice Chairman, Taylor and

Turner, Associates, Limited, San Francisco,

California, Representing KQED San Francisco;

LLOYD WRIGHT, Resident and General Manager,

WFYI, Metropolitan, Indianapolis Public Broad-

casting, Incorporated, Indianapolis, Indiana;

JOSEPH B. MOORE, Assistant Attorney, Eastern

2

District of Missouri, and Office, Member of

PBS Board of Directors; UNITED STATES DISTRICT

COURT, EASTERN DISTRICT OF MISSOURI, En Banc,

Members of PBS Board of Directors; UNITED

STATES COURT OF APPEALS FOR THE EIGHTH

CIRCUIT, En Banc, Member of PBS Board of

Directors; JANET RENO, United States Attorney

General, U.S. Department of Justice, Washing-

ton, D.C., Member of PBS Board of Directors;

LOUIS FREEH, Deputy Chief, Director F.B.I.,

U.S. Department of Justice, Washington, D.C.,

Member of PBS Board of Directors; CARDINAL

RITTER INSTITUTE, CORPORATION, Its St. John

Neumann, Apartments-All Officials; UNITED

STATES SUPREME COURT, En Banc, Clerk, Deputies

and Law Clerks, Member of PBS Board of

Directors; THOMAS PENFIELD JACKSON, Judge,

United States District Court for the District

of Columbia, its Clerk and Law Clerks, Member

of PBS Board of Directors; UNITED STATES COURT

OF APPEALS, En Banc for the District of

Columbia Circuit, its Law Clerk, Member of PBS

Board of Directors; UNITED STATES DISTRICT

COURT, SOUTHERN DISTRICT OF ILLINOIS, En Banc,

its Clerk and Law Clerks, Member of PBS Board

of Director; UNITED STATES DRUG ENFORCEMENT

ADMINISTRATION, its Director; RANDALL D.

OITKER, Special Agents, St. Louis, Missouri

Branch, United States Drug Enforcement Admin-

istration, Member of PBS Board of Directors;

JAMES D. MCDOWELL, Special Agents, St. Louis,

Missouri Branch, United States Drug Enforce-

ment Administration, Member of PBS Board of

Directors; STEVEN D. STODDARD, Special Agents,

St. Louis, Missouri Branch, United States Drug

Enforcement Administration, Member of PBS

Board of Directors; THOMAS SMITH, Special

Agents, St. Louis, Missouri Branch, United

States Drug Enforcement Administration, Member

of PBS Board of Directors; DENNIS BACKER,

Special Agents, St. Louis, Missouri Branch,

United States Drug Enforcement Administration,

Member of PBS Board of Directors; MICHAEL

ADAMS, Special Agents, St. Louis, Missouri

Branch, United States Drug Enforcement Admin-

istration, Member of PBS Board of Directors;

WASHINGTON POST NEWSPAPER COMPANY, its Edi-

tors, Publishers, Owners, and other unknown

3

named persons; LINDA WINSLOW, Deputy Producer,

Member of Board of Directors; MILTON P.

WILKINS, JR., Vice President, Corporate Devel-

opment Monsanto Company, St. Louis, Missouri,

Representing KETC St. Louis; EDWARD L. DOWD,

JR., U.S. Attorney, Eastern District of Mis-

souri, Member of PBS Board of Directors;

GEORGE R. ARIYOSHI, Watanbe, Ing and Kawa-

shima, Representing Hawaii Public Television;

UNITED STATES DISTRICT COURT FOR THE DISTRICT

OF COLUMBIA, En Banc, Main Principal, Member

of PBS Board of Directors,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern

District of Virginia, at Alexandria. Leonie M. Brinkema, District

Judge. (CA-99-1242-A)

Submitted: December 16, 1999 Decided: December 21, 1999

Before MURNAGHAN and MOTZ, Circuit Judges, and BUTZNER, Senior Cir-

cuit Judge.

Affirmed by unpublished per curiam opinion.

Sylvester Jones, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

4

PER CURIAM:

Sylvester Jones appeals the district court’s order denying

relief on his 42 U.S.C.A. § 1983 (West Supp. 1999) complaint under

28 U.S.C.A. § 1915(e)(2) (West Supp. 1999). We have reviewed the

record and the district court’s opinion and find that this appeal

is frivolous. Accordingly, we affirm on the reasoning of the dis-

trict court. See Jones v. Public Broadcasting Serv., No. CA-99-

1242-A (E.D. Va. Aug. 20, 1999).* We dispense with oral argument

because the facts and legal contentions are adequately presented in

the materials before the court and argument would not aid the

decisional process.

AFFIRMED

*

Although the district court’s order is marked as “filed” on

August 18, 1999, the district court’s records show that it was

entered on the docket sheet on August 20, 1999. Pursuant to Rules

58 and 79(a) of the Federal Rules of Civil Procedure, it is the

date that the order was entered on the docket sheet that we take as

the effective date of the district court’s decision. See Wilson v.

Murray, 806 F.2d 1232, 1234-35 (4th Cir. 1986).

5

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