UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-1820
SAMUEL B. DAVIS., JR.,
Plaintiff – Appellant,
v.
CITY OF NEWPORT NEWS, VIRGINIA; ESTATE OF GLADYS LOUISE
BARCLAY, Successor in Interest to Louise Barclay Davis,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern
District of Virginia, at Newport News. Rebecca Beach Smith,
District Judge. (4:10-cv-00033-TEM)
Submitted: October 14, 2010 Decided: October 20, 2010
Before MOTZ, KING, and DAVIS, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Samuel B. Davis, Jr., Appellant Pro Se. Marc Ericson Darnell,
KAUFMAN & CANOLES, PC, Newport News, Virginia, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Samuel B. Davis, Jr., appeals the district court’s
order dismissing his 42 U.S.C. § 1983 (2006) complaint as time
barred. The district court concluded that Davis’s complaint was
analogous to a Virginia state law claim of personal injury,
applied Virginia’s two-year statute of limitations for a
personal injury claim, and dismissed as time barred. The court
also noted it may lack jurisdiction in light of the nature of
the relief Davis seeks.
After reviewing the record, we conclude that the
district court lacked jurisdiction over Davis’s complaint
because of the nature of the relief sought. Davis essentially
asked the district court to set aside unfavorable state court
judgments. Davis has not identified any grant of federal
jurisdiction allowing the district court to do so, and we
conclude that the district court did not err in dismissing the
complaint.
Accordingly, we affirm the judgment of the district
court. We dispense with oral argument because the facts and
legal contentions are adequately presented in the materials
before the court and oral argument would not aid the decisional
process.
AFFIRMED
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