Calvin Perry v. Harold Clarke; Warden Tikki Hicks

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 23-6175
CALVIN PERRY,
Plaintiff - Appellant,
v.
HAROLD CLARKE; WARDEN TIKKI HICKS,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern District of Virginia, at
Richmond. John A. Gibney, Jr., Senior District Judge. (3:21-cv-00447-JAG-MRC)
Submitted: September 28, 2023 Decided: October 3, 2023
Before NIEMEYER, THACKER, and RUSHING, Circuit Judges.
Affirmed in part, dismissed in part by unpublished per curiam opinion.
Calvin Perry, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Calvin Perry appeals the district court’s order granting summary judgment to
Defendants in his 42 U.S.C. § 1983 action alleging deliberate indifference to Perry’s
serious medical need, in violation of the Eighth Amendment. The district court denied
relief on Perry’s claims for damages and injunctive relief. Because Perry no longer resides
in the correctional facility that formed the basis of his claim for injunctive relief, we dismiss
the appeal with respect to that claim as moot. See Rendelman v. Rouse, 569 F.3d 182,
186-87 (4th Cir. 2009). With respect to Perry’s claim for damages, we have reviewed the
record and find no reversible error. Accordingly, we affirm the remainder of the district
court’s order. We dispense with oral argument because the facts and legal contentions are
adequately presented in the materials before this court and argument would not aid the
decisional process.
AFFIRMED IN PART,
DISMISSED IN PART

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