Ricky Davis v. Timothy Smith, No. 10-7520 (4th Cir. 2011)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-7520 RICKY GLENDALL DAVIS, Plaintiff - Appellant, v. TIMOTHY A. SMITH, Patrol Officer, Suffolk Police Department; J.R. RIVERA, Patrol Officer, Suffolk Police Department, Defendants - Appellees. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Henry E. Hudson, District Judge. (3:09-cv-00274-HEH) Submitted: February 28, 2011 Decided: March 9, 2011 Before TRAXLER, Chief Judge, and KING and DIAZ, Circuit Judges. Affirmed by unpublished per curiam opinion. Ricky Glendall Davis, Appellant Pro Se. D. Rossen S. Greene, PENDER & COWARD, Suffolk, Virginia, for Appellees. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Ricky Glendall Davis, a state prisoner, appeals the district court s order denying relief on his 42 U.S.C. ยง 1983 (2006) complaint. We reversible error. Va. Sept. reviewed the record and find no Accordingly, we affirm for the reasons stated by the district court. (E.D. have 28, Davis v. Smith, No. 3:09-cv-00274-HEH 2010). 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 2

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