# Smith v. Brown

> Court of Appeals for the Fourth Circuit · September 1, 1998

URL: https://www.frixlaw.com/law-library/cases/996194

## Case

- **Court:** Court of Appeals for the Fourth Circuit
- **Decided:** September 1, 1998
- **Precedential status:** Unpublished
- **Opinion:** Opinion
- **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/996194

## Opinion text

UNPUBLISHED

UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 98-6232

MARVIN L. SMITH,

Plaintiff - Appellant,

versus

KELLY BROWN, Probation Officer of Kanawha
County, Charleston, West Virginia; JAMES
DUNLAP, Probation Officer of Kanawha County,
Charleston, West Virginia,

Defendants - Appellees.

Appeal from the United States District Court for the Northern
District of West Virginia, at Elkins. Robert Earl Maxwell, Senior
District Judge. (CA-97-40-2)

Submitted: August 13, 1998 Decided: September 1, 1998

Before WIDENER and WILKINS, Circuit Judges, and HALL, Senior
Circuit Judge.

Dismissed by unpublished per curiam opinion.

Marvin L. Smith, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:

Appellant, a West Virginia inmate, appeals the district

court’s order denying relief on his 42 U.S.C.A. § 1983 (West Supp.

1998) complaint under 28 U.S.C.A. § 1915(e)(2) (West Supp. 1998).

We have reviewed the record and the district court’s opinion and

find that this appeal is frivolous. Accordingly, we dismiss the

appeal on the reasoning of the district court. Smith v. Brown, No.

CA-97-40-2 (N.D.W. Va. Jan. 20, 1998). 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.

DISMISSED

2

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/996194. Public record. Not legal advice.