Price v. Department of Corr

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 95-7698 JOHN PRICE, JR., Plaintiff - Appellant, versus DEPARTMENT OF CORRECTIONS, Officers; MEDICAL DEPARTMENT; OFFICERS OF GREENSVILLE CORREC- TIONAL CENTER, Defendants - Appellees. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Claude M. Hilton, District Judge. (CA-92-1560-AM, CA-93-13-AM, CA-93-14-AM, CA-93-15-AM, CA- 93-16-AM) Submitted: February 27, 1996 Decided: March 19, 1996 Before MURNAGHAN, HAMILTON, and MICHAEL, Circuit Judges. Affirmed by unpublished per curiam opinion. John Price, Jr., Appellant Pro Se. Mark Ralph Davis, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Appellant appeals from the district court's order denying relief on his 42 U.S.C. § 1983 (1988) 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. Price v. Department of Corrections, Nos. CA-92-1560-AM; CA- 93-13-AM; CA-93-14-AM; CA-93-15-AM; CA-93-16-AM (E.D. Va. Mar. 28, 1994). We modify the district court's order to one of dismissal be- cause the unexecuted affidavits on which the district court relied were insufficient to support any findings. See Fed. R. Civ. P. 56 (required form of affidavits). Further, the record does not support the district court's statement that Appellant was given the notice required by Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975). 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 2