Roger Lee Mckoy, Plaintiff-appellant, v. Shelia Heath; Dr. Smith, Defendants-appellees, 905 F.2d 1530 (4th Cir. 1990)
Annotate this CaseAppeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Terrence W. Boyle, District Judge. (C/A No. 89-916-CRT-BO)
Roger Lee McKoy, appellant pro se.
E.D.N.C.
AFFIRMED.
Before ERVIN, Chief Judge, and CHAPMAN and WILKINS, Circuit Judges.
PER CURIAM:
Roger Lee McKoy appeals from the district court's order denying relief under 42 U.S.C. § 1983. Our review of the record and the district court's opinion discloses that this appeal is without merit.* Accordingly, we affirm on the reasoning of the district court. McKoy v. Heath, C/A No. 89-916-CRT-BO (E.D.N.C. Dec. 19, 1989). 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.
McKoy raises a claim that is cognizable based on the decision in Washington v. Harper, 58 U.S.L.W. 4249 (U.S. Feb. 27, 1990) (No. 88-599). However, the alleged events occurred in October 1984 and, thus, this action is barred by the North Carolina three-year statute of limitations, N.C.Gen.Stat. Sec. 1-52(5). See Wilson v. Garcia, 471 U.S. 261 (1985)
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