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    Tolbert v. Burke, 4th Cir. (2008)

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    Eric Tolbert, a prisoner, filed a civil rights lawsuit under 42 U.S.C. § 1983 against several prison officials alleging violations of his constitutional rights. The district court granted summary judgment to the defendants, finding no reversible error. Tolbert appealed. The appeals court affirmed the district court's decision, finding the facts and legal arguments were adequately presented and that oral arguments were not necessary.

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    Tolbert v. Burke, 4th Cir. (2008)

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    Eric Tolbert, a prisoner, filed a civil rights lawsuit under 42 U.S.C. § 1983 against several prison officials alleging violations of his constitutional rights. The district court granted summary judgment to the defendants, finding no reversible error. Tolbert appealed. The appeals court affirmed the district court's decision, finding the facts and legal arguments were adequately presented and that oral arguments were not necessary.

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    Filed: 2008-01-16 Precedential Status: Non-Precedential Docket: 07-7401

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    Eric Tolbert, a prisoner, filed a civil rights lawsuit under 42 U.S.C. § 1983 against several prison officials alleging violations of his constitutional rights. The district court granted summary judgment to the defendants, finding no reversible error. Tolbert appealed. The appeals court affirmed the district court's decision, finding the facts and legal arguments were adequately presented and that oral arguments were not necessary.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Download as pdf
    7 views2 pages

    Tolbert v. Burke, 4th Cir. (2008)

    Uploaded by

    Scribd Government Docs
    Eric Tolbert, a prisoner, filed a civil rights lawsuit under 42 U.S.C. § 1983 against several prison officials alleging violations of his constitutional rights. The district court granted summary judgment to the defendants, finding no reversible error. Tolbert appealed. The appeals court affirmed the district court's decision, finding the facts and legal arguments were adequately presented and that oral arguments were not necessary.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 07-7401

    ERIC L. TOLBERT,
    Plaintiff - Appellant,
    versus
    LIEUTENANT
    BURKE;
    SERGEANT
    WILLIAMS;
    CORRECTIONAL OFFICER BRUMELL; CORRECTIONAL
    OFFICER PHIFER; CORRECTIONAL OFFICER ROYSTER;
    CORRECTIONAL
    OFFICER
    MOONY;
    CORRECTIONAL
    OFFICER FIELDS; CORRECTIONAL OFFICER MELTON;
    DENNIS ROWLAND; CAPTAIN AUSTIN,
    Defendants - Appellees.

    Appeal from the United States District Court for the Eastern
    District of North Carolina, at Raleigh. Louise W. Flanagan, Chief
    District Judge. (5:06-ct-03077)

    Submitted:

    January 8, 2008

    Decided:

    January 16, 2008

    Before WILKINSON and MICHAEL, Circuit Judges, and WILKINS, Senior


    Circuit Judge.

    Affirmed by unpublished per curiam opinion.

    Eric L. Tolbert, Appellant Pro Se. Yvonne Bulluck Ricci, NORTH


    CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for
    Appellees.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Eric

    L.

    Tolbert

    appeals

    the

    district

    courts

    order

    granting summary judgment to the defendants on his 42 U.S.C. 1983


    (2000)

    complaint.

    We

    have

    reviewed

    the

    record

    and

    find

    no

    reversible error. Accordingly, we affirm for the reasons stated by


    the district court.

    See Tolbert v. Burke, No. 5:06-ct-03077-FL

    (E.D.N.C. Aug. 15, 2007).

    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 -

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