Robert D. Drinkard, Jr v. Director, Virginia Department of Corrections

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-6334
ROBERT D. DRINKARD, JR.,
Plaintiff - Appellant,
versus
DIRECTOR, VIRGINIA DEPARTMENT OF CORRECTIONS;
VERNON SMITH, M.D., CHARLES E. THOMPSON,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. Leonie M. Brinkema, District
Judge. (CA-02-168)
Submitted: July 25, 2002 Decided: August 12, 2002
Before WILLIAMS and TRAXLER, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Robert D. Drinkard, Jr., Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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* Drinkard’s complaint also alleged good time credits were
taken from him in violation of the Fourteenth Amendment. The
district court found this claim was not cognizable under § 1983 and
dismissed the claim without prejudice to Drinkard’s rights to
refile the claim pursuant to 28 U.S.C. § 2254 (2000). Drinkard
does not challenge the district court’s dismissal without prejudice
of this claim on appeal. Thus, appellate review of this portion of
the district court’s order is waived. 4th Cir. R. 34(b).
2
PER CURIAM:
Robert D. Drinkard, Jr., a Virginia inmate, appeals the
district court’s order denying relief on his medical treatment
complaint filed under 42 U.S.C.A. § 1983 (West Supp. 2001), for
failure to state a claim. * See 28 U.S.C. § 1915A (2000). We have
reviewed the record and the district court’s opinion and find no
reversible error. Accordingly, we affirm on the reasoning of the
district court. See Drinkard v. Director, Virginia Dep’t of
Corrections, No. CA-02-168 (E.D. Va. Feb. 12, 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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