Earl Brown v. Sears Automotive Center

Filing 920090715

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-1302

EARL BROWN, Plaintiff ­ Appellant, v. SEARS AUTOMOTIVE CENTER, and/or; SEARS ROEBUCK AND CO., Defendants ­ Appellees.

Appeal from the United States District Court for the Middle District of North Carolina, at Durham. James A. Beaty, Jr., Chief District Judge. (1:08-cv-00690-JAB-PTS; 1:01-cv-00067JAB)

Submitted:

June 22, 2009

Decided:

July 15, 2009

Before TRAXLER, Judges.

Chief

Judge,

and

MICHAEL

and

SHEDD,

Circuit

Affirmed by unpublished per curiam opinion.

Earl Brown, Appellant Pro Se. John Doughty Cole, Sr., OGLETREE, DEAKINS, NASH, SMOAK & STEWART, PC, Charlotte, North Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Earl accepting the Brown appeals the of district the court's judge order and

recommendation

magistrate

dismissing his civil action as frivolous pursuant to 28 U.S.C. § 1915(e)(2)(B) (2006). reversible error. We have reviewed the record and find no

Accordingly, we affirm for the reasons stated Brown v. Sears Automotive Center, Nos. 1:01-cv-00067-JAB (M.D.N.C. Feb. 10,

by the district court. 1:08-cv-00690-JAB-PTS; 2009). dispense

Although we grant leave to proceed in forma pauperis, we 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

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