Mack v. Osteen ( 2009 )


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  •                            UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 09-6218
    BENNIE A. MACK, JR.,
    Plaintiff - Appellant,
    v.
    WILLIAM L. OSTEEN, JR., in his individual capacity and in
    his official capacity as Federal District Court Judge for
    the Middle District of North Carolina; KAREN L. NENSTEIL, in
    her individual capacity and in her official capacity as a
    former agent for the North Carolina State Bureau of
    Investigation; ROBERT M. HAMILTON, in his individual and in
    his official capacity as an Assistant United States
    Attorney; JOSEPH M. WILSON, JR., in his individual capacity
    and in his official capacity as a practicing attorney and
    partner in the Law Firm of “Merritt Flebotte Wilson Webb &
    Carusso PLLC; PAUL TREVOR SHARP, in his individual capacity
    and in his official capacity as a Federal Magistrate Judge
    for the Middle District of North Carolina; JUDGE WALLACE W.
    DIXON, in his individual capacity and in his official
    capacity as a Federal Magistrate Judge for the Middle
    District of North Carolina; ERIC H. HOLDER, JR., in his
    individual capacity and in his official capacity as United
    States Attorney General; ANNA MILLS WAGONER, in her
    individual capacity and in her official capacity as United
    States Attorney for the Middle District of North Carolina;
    FRANK J. CHUT, JR., in his individual capacity and in his
    official capacity as Assistant United States Attorney for
    the Middle District of North Carolina; ROBIN PENDERGRAFT, in
    her individual capacity and in her official capacity as
    Director   of   the   North   Carolina   State   Bureau   of
    Investigation; NC ATTORNEY GENERAL ROY COOPER, in his
    individual capacity and in his official capacity as North
    Carolina Attorney General; KEVIN SNEAD, in his individual
    capacity and in his official capacity as an agent for the
    North Carolina State Bureau of Investigation,
    Defendants - Appellees.
    Appeal from the United States District Court for the Middle
    District of North Carolina, at Greensboro.   N. Carlton Tilley,
    Jr., Senior District Judge. (1:08-cv-00776-NCT-RAE)
    Submitted:   April 23, 2009                Decided:    May 5, 2009
    Before MICHAEL, GREGORY, and DUNCAN, Circuit Judges.
    Dismissed by unpublished per curiam opinion.
    Bennie A. Mack, Jr., Appellant Pro Se.      Anthony Paul Giorno,
    Assistant United States Attorney, Roanoke, Virginia, Gill Paul
    Beck, Sr., Robert Michael Hamilton, Assistant United States
    Attorneys, Greensboro, North Carolina, for Appellees.
    Unpublished opinions are not binding precedent in this circuit.
    2
    PER CURIAM:
    Bennie   A.   Mack,   Jr.,    appeals   the   district     court’s
    order accepting the recommendation of the magistrate judge and
    dismissing his 
    42 U.S.C. § 1983
     (2006) complaint under 28 U.S.C.
    § 1915A(b) (2006).         We have reviewed the record and find that
    this appeal is frivolous.          Accordingly, we dismiss the appeal
    for the reasons stated by the district court.                 Mack v. Osteen,
    No. 1:08-cv-00776-NCT-RAE (M.D.N.C. Jan. 30, 2009).                 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.
    DISMISSED
    3
    

Document Info

Docket Number: 09-6218

Filed Date: 5/5/2009

Precedential Status: Non-Precedential

Modified Date: 4/17/2021