Spencer v. Elmore

Filing 920080226


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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 07-6910 RICKEY NELSON SPENCER, Plaintiff - Appellant, and SHEENA SPENCER, Plaintiff, versus TERRY ELMORE; DAVID PRIVETTE, Sergeant; LIEUTENANT MEYER; SERGEANT HAWKINS; RODERICK M. WRIGHT, Attorney; W. ERWIN SPAINHOUR, Judge; CHRISTOPHER M. COLLIER; JIM ELMORE; IREDELL COUNTY; STATE OF NORTH CAROLINA, Defendants - Appellees. Appeal from the United States District Court for the Western District of North Carolina, at Statesville. Graham C. Mullen, Senior District Judge. (5:07-cv-00055-MU) Submitted: October 31, 2007 Decided: February 26, 2008 Before WILKINSON and NIEMEYER, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Rickey Nelson Spencer, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. - 2 - PER CURIAM: Rickey Nelson Spencer appeals the district court's order dismissing his 42 U.S.C. 1983 (2000) complaint under 28 U.S.C. 1915(e)(2)(B)(ii) (2000). We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. (W.D.N.C. June 7, 2007). discovery. Spencer v. Elmore, No. 5:07-cv-00055-MU We further deny Spencer's motion for 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 - 3 -

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