Kenyon v. McDonald

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 00-1399 K. MORGAN KENYON, Plaintiff - Appellant, versus WILLIAM MCDONALD, individually and in his of- ficial capacity as Deputy Sheriff of Nelson County, 1996; MICHAEL BOWMAN; BRUCE JOHNSON, individually and in his official capacity; RICHARD HOUCHEN, individually and in his of- ficial capacity; JOHN DOE, unknown Amherst County Sheriff’s Deputy, individually and in his official capacity; PHILLIP D. PAYNE, indi- vidually and in his official capacity; JOSEPH M. SERKES; ROBERT CRUZ, individually and in his official capacity as Deputy Sheriff of Nelson County, 1996; COUNTY OF NELSON; RONALD R. WOOD, individually and in his official ca- pacity as Sheriff of Nelson County, 1996; NELSON COUNTY SHERIFF'S DEPARTMENT; MATTIE BURLEY, individually and in her official ca- pacity as Magistrate, 1996; RUTH A. SCHMITT, individually and in her official capacity as Magistrate, 1996; SUPREME COURT OF VIRGINIA; JOHN CUTLIP, individually and in his official capacity as Nelson County Administrator, 1996; NELSON COUNTY BOARD OF SUPERVISORS; THOMAS HARVEY, individually and in his official ca- pacity as Nelson County Board of Supervisors member, 1996; SAMUEL DELAURA, individually and in his official capacity as Nelson County Board of Supervisors Vice-Chairman, 1996; JOHN PONTON, individually and in his official ca- pacity as Nelson County Board of Supervisors Chairman, 1996; PERCY CLARK, individually and in his official capacity as Nelson County Board of Supervisors member, 1996; COMMON- WEALTH OF VIRGINIA'S STATE COMPENSATION BOARD; COMMONWEALTH OF VIRGINIA, Defendants - Appellees. Appeal from the United States District Court for the Western Dis- trict of Virginia, at Charlottesville. Norman K. Moon, District Judge. (CA-98-92-C) Submitted: July 13, 2000 Decided: July 20, 2000 Before WIDENER, LUTTIG, and TRAXLER, Circuit Judges. Affirmed by unpublished per curiam opinion. K. Morgan Kenyon, Appellant Pro Se. Carlene Booth Johnson, PERRY & WINDELS, Dillwyn, Virginia, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). 2 PER CURIAM: K. Morgan Kenyon appeals the district court’s order denying relief on her 42 U.S.C.A. § 1983 (West Supp. 2000) complaint. We have reviewed the record and the district court’s opinion and find no reversible error. Accordingly, we affirm on the reasoning of the district court. See Kenyon v. McDonald, No. CA-98-92-C (Oct. 2, 1998; Sept. 30 & Oct. 6, 1999; Mar. 2, 2000). Further, although we deny the Appellees’ request for fees and costs, we warn Kenyon that her continued pursuit of frivolous claims in this Court may result in the award of damages and costs against her. See Fed. R. App. P. 38. 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 3