Lewis v. Hicklin ( 2000 )


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  •                             UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 00-7034
    DWIGHT DAVID LEWIS,
    Plaintiff - Appellant,
    versus
    WILLIAM CLOUD HICKLIN, IV, Attorney; UNKNOWN
    COURT REPORTER,
    Defendants - Appellees.
    Appeal from the United States District Court for the Western Dis-
    trict of Virginia, at Roanoke. Jackson L. Kiser, Senior District
    Judge. (CA-00-429-7)
    Submitted:   September 26, 2000           Decided:   October 19, 2000
    Before WILKINS, MICHAEL, and KING, Circuit Judges.
    Affirmed by unpublished per curiam opinion.
    Dwight David Lewis, Appellant Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).
    PER CURIAM:
    Dwight David Lewis appeals the district court’s order denying
    relief on his 
    42 U.S.C.A. § 1983
     (West Supp. 2000) complaint.    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 Lewis v. Hicklin, No. CA-00-429-7 (W.D.
    Va. July 17, 2000).     We dispense with oral argument because the
    facts and legal contentions are adequately presented in the mate-
    rials before the court and argument would not aid the decisional
    process.
    AFFIRMED
    *
    Although the district court’s order did not address Lewis’
    claim against the “Unknown Court Reporter,” the district court’s
    reasoning is equally applicable to the court reporter.       Conse-
    quently, there is no basis for further adjudication of this matter
    unless Lewis can demonstrate the invalidity of his conviction. See
    Insinga v. LaBella, 
    817 F.2d 1469
    , 1470 (11th Cir. 1987); see also
    Bankers Trust Co. v. Mallis, 
    435 U.S. 381
    , 386-87 (1978) (finding
    appellate jurisdiction “to secure the just, speedy, and inexpensive
    determination” of the action, provided no detriment to the par-
    ties). We therefore find that despite the district court’s over-
    sight, we have jurisdiction over this appeal.
    2
    

Document Info

Docket Number: 00-7034

Filed Date: 10/19/2000

Precedential Status: Non-Precedential

Modified Date: 4/18/2021