Benjamin Ross Downey v. Ronald J. Angelone

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-7779
BENJAMIN ROSS DOWNEY,
Plaintiff - Appellant,
versus
RONALD J. ANGELONE,
Defendant - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. Robert E. Payne, District Judge.
(CA-02-324-3)
Submitted: January 30, 2003 Decided: February 5, 2003
Before WIDENER, NIEMEYER, and TRAXLER, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Benjamin Ross Downey, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Benjamin Ross Downey appeals from the district court’s order
adopting the report and recommendation of a magistrate judge and
dismissing his 42 U.S.C. § 1983 (2000) complaint as abusive and
malicious under 28 U.S.C. § 1915(e)(2) (2000). In a previous § 1983
action, Downey raised identical claims against the same defendant.
Downey v. Angelone, No. CA-97-239 (E.D. Va. June 16, 1998). We
have reviewed the record and the district court’s opinion and find
no reversible error. Accordingly, we affirm for the reasons stated
by the district court. Downey v. Angelone, No. CA-02-324-3 (E.D.
Va. Oct. 28, 2002). 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

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