Christopher Oxendine-Bey v. John Hinson ( 2015 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-6996
CHRISTOPHER M. OXENDINE-BEY,
Plaintiff - Appellant,
v.
JOHN HINSON; JOHN BODY; JOHN GRAY; JANE WILLIAMS; JOHN
DANIELS; JOHN HAIRING; JOHN STOCK; JOHN MOYER; JOHN
SINGLETON; JANE HART; JOHN LENNON,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. James C. Fox, Senior
District Judge. (5:15-ct-03001-F)
Submitted: November 17, 2015 Decided: November 19, 2015
Before SHEDD, DUNCAN, and DIAZ, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Christopher M. Oxendine-Bey, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Christopher M. Oxendine-Bey appeals the district court’s
order dismissing his 42 U.S.C. § 1983 (2012) action without
prejudice under 28 U.S.C. § 1915(e)(2)(B) (2012). We have
reviewed the record and find no reversible error. Accordingly,
we affirm substantially for the reasons stated by the district
court. * Oxendine-Bey v. Hinson, No. 5:15-ct-03001-F (E.D.N.C.
May 11 & June 16, 2015). 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
* Insofar as Oxendine-Bey’s complaint could be construed as
raising a “failure to protect” claim unrelated to his excessive
force claim, we conclude this claim also would be subject to
dismissal. See Danser v. Stansbury, 772 F.3d 340, 346-47 (4th
Cir. 2014).
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