Franklin Smith v. Brady McWhirter, No. 10-6902 (4th Cir. 2011)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-6902 FRANKLIN C. SMITH, Plaintiff Appellant, v. BRADY W. MCWHIRTER, Officer for the Richmond Police Department; SECOND OFFICER UNKNOWN, Officer for the Richmond Police Department, Defendants Appellees. Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Mark S. Davis, District Judge. (2:09-cv-00425-MSD-DEM) Submitted: February 28, 2011 Decided: March 7, 2011 Before TRAXLER, Chief Judge, and KING and DIAZ, Circuit Judges. Affirmed by unpublished per curiam opinion. Franklin C. Smith, Appellant Pro Se. M. Janet Palmer, CITY ATTORNEY S OFFICE, Richmond, Virginia, for Appellees. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Franklin C. Smith appeals the district court s order denying relief on his 42 U.S.C. § 1983 (2006) complaint. have reviewed the record and find no reversible We error. Accordingly, we affirm for the reasons stated by the district court. Smith v. McWhirter, No. 2:09-cv-00425-MSD-DEM (E.D. Va. June 16, 2010). facts and materials legal before We dispense with oral argument because the contentions are adequately the and argument court presented would not in the aid the decisional process. AFFIRMED 2

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