Childress v. Garrett ( 1996 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 95-8573
LITTLE TOM CHILDRESS,
Plaintiff - Appellant,
versus
STEVE GARRETT,
Defendant - Appellee.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. Jackson L. Kiser, Chief District
Judge. (CA-95-366-R)
Submitted: March 21, 1996 Decided: April 16, 1996
Before NIEMEYER and MICHAEL, Circuit Judges, and BUTZNER, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Little Tom Childress, Appellant Pro Se. Heather Sanderson Lewis,
SANDERS, JOHNSON & LEWIS, P.L.C., Lexington, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Appellant appeals from the district court's order denying
relief on his 42 U.S.C. § 1983 (1988) complaint. We have reviewed
the record and the district court's opinion and find no reversible
error. Appellant failed to allege, and the record fails to contain,
facts which support a reasonable inference that Appellant was
injured, if at all, in more than a de minimis way. Accordingly, we
find that any force used by the Defendant did not violate the
Eighth Amendment. See Norman v. Taylor, 25 F.3d 1259, 1262-63 (4th
Cir. 1994) (in banc), cert. denied, ___ U.S. ___, 63 U.S.L.W. 3538(U.S. Jan. 17, 1995) (No. 94-6011). 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 deci-
sional process.
AFFIRMED
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