Filed: Apr. 11, 2005
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 04-7500 JAY TIMOTHY LURZ, Plaintiff - Appellant, versus JON P. GALLEY, Warden; LIEUTENANT ZANG; MR. ROACH; OFFICER WIERS, COII; OFFICER WIENBRENNER, COII; OFFICER WATSON, Officer, COII; SERGEANT WILSON, Defendants - Appellees. Appeal from the United States District Court for the District of Maryland, at Baltimore. Andre M. Davis, District Judge. (CA-04- 333-1-AMD) Submitted: March 30, 2005 Decided: April 11, 2005 Before WILLIA
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 04-7500 JAY TIMOTHY LURZ, Plaintiff - Appellant, versus JON P. GALLEY, Warden; LIEUTENANT ZANG; MR. ROACH; OFFICER WIERS, COII; OFFICER WIENBRENNER, COII; OFFICER WATSON, Officer, COII; SERGEANT WILSON, Defendants - Appellees. Appeal from the United States District Court for the District of Maryland, at Baltimore. Andre M. Davis, District Judge. (CA-04- 333-1-AMD) Submitted: March 30, 2005 Decided: April 11, 2005 Before WILLIAM..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-7500
JAY TIMOTHY LURZ,
Plaintiff - Appellant,
versus
JON P. GALLEY, Warden; LIEUTENANT ZANG; MR.
ROACH; OFFICER WIERS, COII; OFFICER
WIENBRENNER, COII; OFFICER WATSON, Officer,
COII; SERGEANT WILSON,
Defendants - Appellees.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. Andre M. Davis, District Judge. (CA-04-
333-1-AMD)
Submitted: March 30, 2005 Decided: April 11, 2005
Before WILLIAMS and KING, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Jay Timothy Lurz, Appellant Pro Se. John Joseph Curran, Jr.,
Attorney General, David Phelps Kennedy, 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Unpublished opinions are not binding precedent in this circuit.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).
PER CURIAM:
Jay Timothy Lurz appeals the district court order
awarding summary judgment to the defendants and dismissing all of
his 42 U.S.C. § 1983 (2000) claims. We have reviewed the record
and the district court’s opinion and find no reversible error.
Accordingly, we affirm the dismissal of those claims on the
reasoning of the district court. See Lurz v. Galley, No. CA-04-
333-1-AMD (D. Md. Aug. 26, 2004). Lurz raises a First Amendment
issue for the first time in this appeal, but we decline to address
this claim because Lurz failed to properly raise it in the district
court. See Muth v. United States,
1 F.3d 246, 250 (4th Cir. 1993)
(“[i]ssues raised for the first time on appeal generally will not
be considered.”). We also deny Lurz’s motion for appointment of
counsel. 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
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