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  • Leslie J. Travis v. North Carolina Department of Corrections Franklin E. Freeman, Jr. Michael Easley, 37 F.3d 1495, 4th Cir. (1994)

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    This document is a court case summary from the United States Court of Appeals for the Fourth Circuit. It summarizes the dismissal of Leslie Travis' petition under 28 U.S.C. §2254 and also claims under 42 U.S.C. §1983 regarding prison conditions. While the district court failed to consider the §1983 claims separately, the appeals court found that Travis did not provide any factual support for the claims or demonstrate exhaustion of administrative remedies. Therefore, the appeals court granted a certificate of probable cause to appeal but affirmed the dismissal of both the §2254 and §1983 claims.

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    Filed: 1994-10-24 Precedential Status: Precedential Citations: 37 F.3d 1495 Docket: 94-6280

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    This document is a court case summary from the United States Court of Appeals for the Fourth Circuit. It summarizes the dismissal of Leslie Travis' petition under 28 U.S.C. §2254 and also claims under 42 U.S.C. §1983 regarding prison conditions. While the district court failed to consider the §1983 claims separately, the appeals court found that Travis did not provide any factual support for the claims or demonstrate exhaustion of administrative remedies. Therefore, the appeals court granted a certificate of probable cause to appeal but affirmed the dismissal of both the §2254 and §1983 claims.

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    Leslie J. Travis v. North Carolina Department of Corrections Franklin E. Freeman, Jr. Michael Easley, 37 F.3d 1495, 4th Cir. (1994)

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    This document is a court case summary from the United States Court of Appeals for the Fourth Circuit. It summarizes the dismissal of Leslie Travis' petition under 28 U.S.C. §2254 and also claims under 42 U.S.C. §1983 regarding prison conditions. While the district court failed to consider the §1983 claims separately, the appeals court found that Travis did not provide any factual support for the claims or demonstrate exhaustion of administrative remedies. Therefore, the appeals court granted a certificate of probable cause to appeal but affirmed the dismissal of both the §2254 and §1983 claims.

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    of 2

    37 F.

    3d 1495
    NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished
    dispositions is disfavored except for establishing res judicata, estoppel, or the law
    of the case and requires service of copies of cited unpublished dispositions of the
    Fourth Circuit.

    Leslie J. TRAVIS, Petitioner Appellant,


    v.
    NORTH CAROLINA DEPARTMENT OF CORRECTIONS;
    Franklin E.
    Freeman, Jr.; Michael Easley, Respondents Appellees.
    No. 94-6280.

    United States Court of Appeals, Fourth Circuit.


    Submitted Sept. 26, 1994.
    Decided Oct. 24, 1994.

    Appeal from the United States District Court for the Eastern District of
    North Carolina, at Raleigh. Malcolm J. Howard, District Judge. (CA-9411-5)
    Leslie J. Travis, appellant pro se.
    E.D.N.C.
    AFFIRMED.
    Before ERVIN, Chief Judge, and WILKINSON and HAMILTON, Circuit
    Judges.
    PER CURIAM:

    Appellant appeals from the district court's order summarily dismissing his 28
    U.S.C. Sec. 2254 (1988) petition. Our review of the record and the district
    court's opinion discloses that this appeal is without merit. We note, however,
    that Appellant also included two claims concerning the conditions of his
    confinement in his 28 U.S.C. Sec. 2254 petition. Appellant made conclusory
    allegations that the prison is overcrowded and that he is deprived of meaningful

    access to courts. The district court failed to separately consider these claims
    under 42 U.S.C. Sec. 1983 (1988). See Preiser v. Rodriguez, 411 U.S. 475, 499
    n. 14 (1973); Todd v. Baskerville, 712 F.2d 70, 72-73 (4th Cir.1983).
    Appellant, however, did not allege any facts to support his claims or that he
    suffered any injury. Neither did Appellant demonstrate that he sought any relief
    through administrative remedies concerning these claims. Accordingly, because
    Appellant did not allege even a minimal level of factual support for these
    claims, they were properly dismissed. See White v. White, 886 F.2d 721, 724
    (4th Cir.1989).
    2

    For these reasons, we grant a certificate of probable cause to appeal and affirm
    the district court's order dismissing Appellant's petition but modify it to reflect a
    dismissal of both the 28 U.S.C. Sec. 2254 claims and the 42 U.S.C. Sec. 1983
    claims. 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

    We also deny Appellant's motion for appointment of counsel

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