Luther Durham, Jr., Plaintiff-appellant, v. Chuck Robb, Former Governor, Gerald Baliles, Formergovernor, Vivian Watts, Secretary of Transportation,clarence L. Jackson, Jr., Lewis W. Hurst, John D. Parker,john A. Brown, Gail Y. Browne, George M. Hampton, Sr.,morris L. Ridley, Frank B. Saunders, B. Norris Vassar, Kathye. Vesley, Defendants-appellees, 934 F.2d 318 (4th Cir. 1991)

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US Court of Appeals for the Fourth Circuit - 934 F.2d 318 (4th Cir. 1991) Submitted May 6, 1991. Decided May 28, 1991

Appeal from the United States District Court for the Western District of Virginia, at Roanoke. James C. Turk, Chief District Judge. (CA-90-330-R)

Luther Durham, Jr., appellant pro se.

Gayl Branum Carr, Office of the Attorney General, Richmond, Va., for appellees.

W.D. Va.




Luther Durham, Jr. 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.1  Accordingly, we affirm on the reasoning of the district court. Durham v. Robb, CA-90-330-R (W.D. Va. Feb. 27, 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.



Durham's notice of appeal is dated one day prior to the expiration of the filing deadline. It was not filed in the district court's clerk's office until two days after the filing deadline. Nevertheless, we consider the notice of appeal timely filed pursuant to Houston v. Lack, 487 U.S. 266 (1988)