# Diaz v. Lee

> Court of Appeals for the Fourth Circuit · August 11, 2004 · 104 F. App'x 321

URL: https://www.frixlaw.com/law-library/cases/8426711

## Case

- **Full name:** Feliberto DIAZ, Plaintiff—Appellant v. Randy LEE Pat Bailey Doctor Murphy The Utilization Review Board Boyd Bennett, Defendants—Appellees Feliberto DIAZ, Plaintiff—Appellant v. Pat Bailey, Defendant—Appellee, and Randy Lee Doctor Murphy The Utilization Review Board Boyd Bennett
- **Court:** Court of Appeals for the Fourth Circuit
- **Decided:** August 11, 2004
- **Citations:** 104 F. App'x 321
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Luttig, Traxler, Williams
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8426711

## Opinion text

PER CURIAM.
In these consolidated appeals, Feliberto Diaz appeals the district court’s order denying relief on his 42 U.S.C. § 1983 (2000) complaint. We have reviewed the record and find no reversible error. * Accordingly, we affirm substantially on the reasoning of the district court. See Diaz v. Lee, CA-01-732-5-BR (E.D.N.C. Aug. 21, 2003; Jan. 7, 2004). 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
We note that because the Utilization Review Board ("URB”) is not a "person” under § 1983, it was not necessary for the district court to address the merits of Diaz’s claims against it. See Will v. Mich. Dep’t of State Police, 491 U.S. 58, 70 , 109 S.Ct. 2304 , 105 L.Ed.2d 45 (1989).

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8426711. Public record. Not legal advice.