Watson v. Taddock ( 2000 )


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  • UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    DAVID WATSON,
    Plaintiff-Appellant,
    v.
    No. 99-6949
    LIEUTENANT TADDOCK; CAPTAIN
    BRINSON; BETTY ZIMMERMAN, Nurse,
    Defendants-Appellees.
    Appeal from the United States District Court
    for the Eastern District of North Carolina, at Raleigh.
    James C. Fox, District Judge.
    (CA-99-252-5-F)
    Submitted: November 16, 1999
    Decided: February 28, 2000
    Before WIDENER and MICHAEL, Circuit Judges,
    and HAMILTON, Senior Circuit Judge.
    _________________________________________________________________
    Affirmed in part and dismissed in part by unpublished per curiam
    opinion.
    _________________________________________________________________
    COUNSEL
    David Watson, Appellant Pro Se.
    _________________________________________________________________
    Unpublished opinions are not binding precedent in this circuit. See
    Local Rule 36(c).
    OPINION
    PER CURIAM:
    David Watson appeals the district court's order denying relief on
    his complaint filed pursuant to 
    42 U.S.C.A. § 1983
     (West Supp.
    1999). In his complaint, Watson claimed that prison officials denied
    him access to the courts and provided inadequate medical care for
    several conditions, including headaches, chest pain, numbness in his
    leg, blood in his stool, depression, and toothaches. We have reviewed
    the record and the district court's opinion and find no reversible error.
    Accordingly, as to the claims Watson raised in his complaint, we
    affirm on the reasoning of the district court. See Watson v. Taddock,
    No. CA-99-252-5-F (E.D.N.C. July 7, 1999).
    In his informal brief on appeal, Watson claims that prison officials
    at Wayne County Detention Center violated his rights by allowing
    him to be exposed to tuberculosis, which was diagnosed on his admis-
    sion to Central Prison. He claims he now must undergo a six-month
    course of medication for tuberculosis. It is unclear whether he has
    dormant or active tuberculosis. See DeGidio v. Pung, 
    920 F.2d 525
    ,
    527 (8th Cir. 1990) (noting that few people with dormant tuberculosis
    develop the active disease). This claim was not presented to the dis-
    trict court and is, accordingly, not properly before this court for
    review. See Muth v. United States, 
    1 F.3d 246
    , 250 (4th Cir. 1993).
    Therefore, we dismiss the appeal in part without prejudice to Wat-
    son's right to file a § 1983 action raising this claim.
    We deny Watson's motion for discovery. We dispense with oral
    argument because the facts and legal contentions are adequately pre-
    sented in the materials before the court and argument would not aid
    the decisional process.
    AFFIRMED IN PART; DISMISSED IN PART
    2
    

Document Info

Docket Number: 99-6949

Filed Date: 2/28/2000

Precedential Status: Non-Precedential

Modified Date: 10/30/2014