Davis v. Exum

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 95-2833 ROBERT L. DAVIS, Plaintiff - Appellant, versus RICHARD TOWNSEND, Robeson County District At- torney, in his official and individual capaci- ties; STAN TODD, Assistant Robeson County Dis- trict Attorney, in his official and individual capacities; ARNOLD LOCKLEAR, Attorney of Robeson County School Board of Education, in his official and individual capacities; EARLENA LOWRY, Robeson County Board of Edu- cation Personnel Director, in her official capacity only; MARK BRADLEY, Sergeant, Lumber- ton Police Department, in his official and individual capacities; DON WARD, Police Officer, Lumberton Police Department, in his official and individual capacities; CRAIG JACOBS, Police Officer, Lumberton Police Department, in his official and individual capacities; LEON OXENDINE, Lieutenant, Lumber- ton Police Department, in his official and individual capacities; HARRY DOLAN, Lumberton Police Department, in his official and indi- vidual capacities; REBECCA SMITH, Probation Officer, North Carolina Department of Correc- tion, in her official capacity only, Defendants - Appellees, and JAMES G. EXUM, JR., North Carolina Chief Justice, in his official and individual capacities; GERALD ARNOLD, North Carolina Chief Judge, in his official and individual capacities; SIDNEY S. EAGLES, JR., North Carolina Court of Appeals and Chairman of North Carolina Standards Commission, in his official and individual capacities; RUSSELL WALKER, JR., North Carolina Superior Court Judge, in his official and individual capaci- ties; HENRY V. BARNETTE, JR., North Carolina Superior Court Judge, in his official and individual capacities; DEXTER BROOKS, North Carolina Superior Court Judge, in his official and individual capacities; RICHARD ALLSBROOK, North Carolina Superior Court Judge, in his official and individual capacities, Defendants. Appeal from the United States District Court for the Eastern Dis- trict of North Carolina, at Wilmington. W. Earl Britt, District Judge. (CA-95-137-7-BR3) Submitted: January 18, 1996 Decided: January 31, 1996 Before HAMILTON and LUTTIG, Circuit Judges, and CHAPMAN, Senior Circuit Judge. Affirmed in part and dismissed in part by unpublished per curiam opinion. Robert L. Davis, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). 2 PER CURIAM: Appellant appeals from the district court's order denying relief on his 42 U.S.C. § 1983 (1988) complaint. He has moved to dismiss Defendants Exum, Arnold, Eagles, Walker, Barnette, Brodes, and Allsbrook. We grant this motion to dismiss. As to the remaining Defendants, we have reviewed the record and the district court's opinion and find no reversible error. Accordingly, we affirm as to these Defendants on the reasoning of the district court. Davis v. Exum, No. CA-95-137-7-BR3 (E.D.N.C. Oct. 4, 1995). We dispense with oral argument because the facts and legal contentions are adequate- ly presented in the materials before the court and argument would not aid the decisional process. AFFIRMED IN PART, DISMISSED IN PART 3