John Clinton Marteny, Plaintiff-appellant, v. Dr. Robert Fry, Ohs, Virginia Department of Correction;edward D. Carey, M.d., Defendants-appellees,anddavid K. Smith, Warden, Buckingham Correctional Center, Defendant, 952 F.2d 396 (4th Cir. 1991)

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US Court of Appeals for the Fourth Circuit - 952 F.2d 396 (4th Cir. 1991) Submitted Sept. 9, 1991. Decided Dec. 26, 1991

Appeal from the United States District Court for the Western District of Virginia, at Roanoke. (CA-90-240-R), James C. Turk, Chief District Judge.

John Clinton Marteny, appellant pro se.

Sandra Morris Holleran, McGuire, Woods, Battle & Boothe, Richmond, Va., for appellees.

W.D. Va.


Before DONALD RUSSELL, WIDENER and K.K. HALL, Circuit Judges.



John Clinton Marteny appeals from the district court's order denying relief under 42 U.S.C. § 1983 (1988). 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.*  Marteny v. Fry, No. CA-90-240-R (W.D. Va. July 16, 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.



As conceded by Marteny in his September 10 filing in this Court, his motion to stay proceedings is moot