Fenwick v. Smith ( 1996 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 95-7841
GILBERT J. FENWICK,
Plaintiff - Appellant,
versus
SEWALL B. SMITH, Warden; OFFICER MAWAMBA,
CO II; OFFICER STEELE, CO II; OFFICER HARRIS,
CO II; OFFICER WILSON, CO II; JOSEPH MITCHELL,
CO III; KEVIN HERNANDEZ; JOHN DOES; REGINALD
JOHNSON, Sergeant; MARGARET C. CHIPPENDALE,
Hearing Officer; MARVIN REID, Lieutenant,
Defendants - Appellees.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. Alexander Williams, Jr., District Judge.
(CA-94-3158-AW)
Submitted: March 19, 1996 Decided: April 4, 1996
Before HALL and MURNAGHAN, Circuit Judges, and BUTZNER, Senior
Circuit Judge.
Affirmed as modified by unpublished per curiam opinion.
Gilbert J. Fenwick, Appellant Pro Se. John Joseph Curran, Jr.,
Attorney General, Audrey J.S. Carrion, OFFICE OF THE ATTORNEY
GENERAL OF MARYLAND, Baltimore, Maryland, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
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PER CURIAM:
Gilbert J. Fenwick appeals from the district court's order
denying relief under 42 U.S.C. § 1983 (1988). Our review of the
record and the district court's opinion discloses that this appeal
is without merit. Accordingly, we affirm substantially on the rea-
soning of the district court. Fenwick v. Smith, No. CA-94-3158-AW
(D. Md. Nov. 2, 1995). We affirm on the district court's reasoning
the grant of summary judgment for Defendant Sewall B. Smith. How-
ever, pursuant to Fed. R. Civ. P. 4(m), we modify the district
court's order to a dismissal without prejudice of all other Defen-
dants. 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 AS MODIFIED
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