Staples v. Hatcher

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 95-7696 LESLEY L. STAPLES, Plaintiff - Appellant, versus MIKE HATCHER; RONNIE MINTER; LEE STONE; SARGEANT TAYLOR; PATSY SCARCES, Nurse, Defendants - Appellees. Appeal from the United States District Court for the Western Dis- trict of Virginia, at Roanoke. Glen E. Conrad, Magistrate Judge. (CA-95-108-R) Submitted: April 15, 1996 Decided: April 25, 1996 Before ERVIN and MOTZ, Circuit Judges, and CHAPMAN, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Lesley L. Staples, Appellant Pro Se. William Carrington Thompson, Chatham, Virginia, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Lesley Staples appeals from the magistrate judge's orders denying relief on his 42 U.S.C. § 1983 (1988) complaint.* Staples' claim that he was unlawfully interrogated following his arrest was properly dismissed under Heck v. Humphrey, ___ U.S. ___, 62 U.S.L.W. 4594 (U.S. June 24, 1994) (No. 93-6188). Accordingly, we affirm the dismissal of this claim on the reasoning of the magis- trate judge. Staples v. Hatcher, No. CA-95-108-R (W.D. Va. Sept. 5, 1995). Our review of the record and proceedings before the magis- trate judge concerning Staples' claim that he was denied proper medical care by prison staff reveals that the magistrate judge properly concluded that Staples failed to state a claim of delib- erate indifference to a serious medical need actionable under § 1983. Accordingly, we affirm the dismissal of this claim as well. We dispense with oral argument because the facts and legal conten- tions are adequately presented in the materials before the court and argument would not aid in the decisional process. AFFIRMED * The parties consented to the jurisdiction of a magistrate judge pursuant to 28 U.S.C. § 636(c)(2) (1988). 2