Rodney Vance Frith v. Kyle Smith
Whether a prison's alleged deliberate indifference to a prisoner's serious medical needs constitutes a violation of the Eighth Amendment's prohibition against cruel and unusual punishment
No question identified. : IN THE 10 (99/2075 SUPREME COURT OF THE UNITED Srates FOR THE FounTi C SALUT Nes 25~b246 Posth Hf, Appellant, fo-Se ) MOTION FoR EXTENSION u . ) OF TAME Befend anti Appellees COHES NW, Plointett, Modis Vance. Fry, Appellant, seeking our Metichy For Grlensien of Time, whieh under elrcumetances wold be granted fer Such cause under fed. h. Civ. roc, Rude 6,(b), (1), Extending Time... ged couse, Ala.intit§, stodes the. Following it suppord of; i) Plait, woes recently hospitulized, at VLU, frem Ook IT thee Z| 1 Frew decily bondage Chosrge, of an Infected toe bnownde medient cot BK for 5 wieeks, beet redand not efven indvexeingug arhbiaties, nee wy dixvng hts leust 5 bral ankéhdefercs Spaled and received [0 dases of ati bietics Jnrtreteinowsly, and will be scheduled for resectlen oF YA of Gt, lett fook ata n/ainum, Boctors of UCU, wanted fo remove al He tees, and ts scheidigled to meet with wo bene specialist scon. A Hansmetofoiuse Feguncves etrcth, ef intensive tredment, and o Josgeehosp itel eam. ce) Lsguey toying to get lite. Cows Libres, regpecst Fokes ow wees, IF you ave net on the fist, pet ta avecther regeces f 3) Plainti Ps, stodes, you only recedve, on how 2. day, Gad 4) days oweek 4) Copies regule some provesare. locfaonly choed to meet, respond, dena lénes, 5) Contro-lv2ad Mosk Diss Cnt feseHren Impedes reveept of orders, SeLorees(B desgs prottered fo Appetite Court 6) Plosnli ffs propety wll bikelg be packd-up, as tt fok 2h days to Rcetve propeety ashen sent here, F Came writ delay and wit re letten stomps envelope, can not wride fo court to copdute, WEREFORE, sich cause ls gaven, pletoHtt, asks thet He cod grant FO daipy, and it “a ot ~~ dssives, te Contact BAL, andlor toll court update, cer So 5, Pi Is housed A BR EC ABH Cave Cole Roce ay Tespecttes by, Dither Va 3 es ee ° USCA4 Appeal: 25-6246 Doc: 24 Filed: 09/03/2025 Pg: 1 of2 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 25-6246 RODNEY VANCE FRITH, Plaintiff Appellant, v. KYLE SMITH; INTERESTED PARTY, Defendants Appellees. Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Robert S. Ballou, District Judge. Submitted: August 28, 2025 Decided: September 3, 2025 Before GREGORY, QUATTLEBAUM, and HEYTENS, Circuit Judges. Affirmed by unpublished per curiam opinion. Rodney Vance Frith, Appellant Pro Se. Grace Morse-McNelis, FRITH, ANDERSON & PEAKE, PC, Glen Allen, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 25-6246 Doc: 24 Filed: 09/03/2025 Pg: 2 of 2 PER CURIAM: Rodney Vance Frith appeals the district court’s order denying relief on his 42 U.S.C. § 1983 complaint alleging deliberate indifference to his serious medical needs. We have reviewed the record and find no reversible error. Accordingly, we deny Frith’s motion for leave to amend, deny Smith’s motion to file a surreply, and affirm the district court’s order. Frith v. Smith, No. (W.D. Va., Sept. 30, 2024). 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 CERTIFICATES The undersigned hereby attests, under penalty of perjury, that the statements in the foregoing document are true and accurate to the best of his knowledge, ability and belief. Statements made upon “information and belief’ are made in good faith. | attest the original of the foregoing document is mailed this 30 day of Oto her , 2025, by depositing said document inta the prison’s internal mail LAIN “SHB E rt of system, first class postage prepaid, and addressed to: Clerk, United states _, Civil Division, ” Or ~ (y' | further attest a true copy of the document was sent to the Respondent or Counsel for Respondent on the same date as above, first class postage prepaid, and addressed as: Office of the Attorney General, Public Safety and Criminal Justice Division, 2