Robert C. Valanti, Plaintiff-appellant, v. W.j. Townley, Superintendant, S.e. Vass, Registered Nurse,defendants-appellees, 946 F.2d 888 (4th Cir. 1991)

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US Court of Appeals for the Fourth Circuit - 946 F.2d 888 (4th Cir. 1991) Submitted Sept. 30, 1991. Decided Oct. 17, 1991

Appeal from the United States District Court for the Western District of Virginia, at Roanoke. James C. Turk, Chief District Judge. (CA-91-281-R)

Robert C. Valanti, appellant pro se.

William Rundahl Coleman, Office of the Attorney General of Virginia, Richmond, Va. Leigh Thompson Hanes, Wooten & Hart, P.C., Roanoke, Va., for appellees.

W.D. Va.

AFFIRMED.

Before K.K. HALL and PHILLIPS, Circuit Judges, and BUTZNER, Senior Circuit Judge.

OPINION

PER CURIAM:


Robert C. Valanti 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. Valanti v. Townley, No. CA-91-281-R (W.D. Va. July 31, 1991). 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.

 *

Even if Valanti's later pleadings could be construed as seeking monetary damages, he could not prevail because he has merely alleged malpractice, which is not actionable under § 1983. Estelle v. Gamble, 494 U.S. 97, 10506 (1976)

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