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    Gardner v. Westberg, 4th Cir. (2011)

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    Ulysses Gardner appealed the district court's denial of relief on his 42 U.S.C. § 1983 complaint against Milton Westberg, Rose Brown, and James Vaughan. The Fourth Circuit Court of Appeals reviewed the record and found no reversible error. While allowing Gardner to proceed in forma pauperis, the court denied his motion for appointment of counsel and affirmed the district court's ruling for the reasons stated in its March 1, 2011 opinion. The Fourth Circuit determined that oral argument was not necessary because the facts and legal contentions were adequately presented in the materials before the court.

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    Gardner v. Westberg, 4th Cir. (2011)

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    Ulysses Gardner appealed the district court's denial of relief on his 42 U.S.C. § 1983 complaint against Milton Westberg, Rose Brown, and James Vaughan. The Fourth Circuit Court of Appeals reviewed the record and found no reversible error. While allowing Gardner to proceed in forma pauperis, the court denied his motion for appointment of counsel and affirmed the district court's ruling for the reasons stated in its March 1, 2011 opinion. The Fourth Circuit determined that oral argument was not necessary because the facts and legal contentions were adequately presented in the materials before the court.

    Original Description:

    Filed: 2011-06-01 Precedential Status: Non-Precedential Docket: 11-6406

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    Ulysses Gardner appealed the district court's denial of relief on his 42 U.S.C. § 1983 complaint against Milton Westberg, Rose Brown, and James Vaughan. The Fourth Circuit Court of Appeals reviewed the record and found no reversible error. While allowing Gardner to proceed in forma pauperis, the court denied his motion for appointment of counsel and affirmed the district court's ruling for the reasons stated in its March 1, 2011 opinion. The Fourth Circuit determined that oral argument was not necessary because the facts and legal contentions were adequately presented in the materials before the court.

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    6 views2 pages

    Gardner v. Westberg, 4th Cir. (2011)

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    Scribd Government Docs
    Ulysses Gardner appealed the district court's denial of relief on his 42 U.S.C. § 1983 complaint against Milton Westberg, Rose Brown, and James Vaughan. The Fourth Circuit Court of Appeals reviewed the record and found no reversible error. While allowing Gardner to proceed in forma pauperis, the court denied his motion for appointment of counsel and affirmed the district court's ruling for the reasons stated in its March 1, 2011 opinion. The Fourth Circuit determined that oral argument was not necessary because the facts and legal contentions were adequately presented in the materials before the court.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 11-6406

    ULYSSES P. GARDNER,
    Plaintiff - Appellant,
    v.
    MILTON WESTBERG, Dr.; ROSE BROWN; JAMES W. VAUGHAN,
    Defendants - Appellees.

    Appeal from the United States District Court for the Eastern
    District of North Carolina, at Raleigh.
    Terrence W. Boyle,
    District Judge. (5:09-ct-03086-BO)

    Submitted:

    May 26, 2011

    Decided:

    June 1, 2011

    Before KING, SHEDD, and DIAZ, Circuit Judges.

    Affirmed by unpublished per curiam opinion.

    Ulysses P. Gardner, Appellant Pro Se.


    Elizabeth Pharr
    McCullough, Kelly Elizabeth Street, YOUNG, MOORE & HENDERSON,
    P.A., Raleigh, North Carolina; Oliver Gray Wheeler, OFFICE OF
    THE ATTORNEY GENERAL OF NORTH CAROLINA, Raleigh, North Carolina,
    for Appellees.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Ulysses P. Gardner appeals the district courts order
    denying relief on his 42 U.S.C. 1983 (2006) complaint.
    have

    reviewed

    Accordingly,

    the

    record

    although

    we

    and
    grant

    find

    no

    reversible

    leave

    to

    proceed

    We

    error.

    in

    forma

    pauperis, we deny Gardners motion for appointment of counsel


    and

    affirm

    for

    the

    by

    the

    We dispense with oral argument because the facts and

    the

    court

    are

    adequately

    and

    argument

    presented

    would

    not

    (E.D.N.C.

    court.

    2011).

    before

    5:09-ct-03086-BO

    district

    v.

    contentions

    No.

    stated

    Gardner

    legal

    Westberg,

    reasons

    in
    aid

    the
    the

    March

    1,

    materials
    decisional

    process.

    AFFIRMED

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