Edward Birchett v. Gary Williams

Filing 920090914

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-6417 EDWARD LEE BIRCHETT, Plaintiff - Appellant, v. GARY WILLIAMS, Clerk, Sussex Circuit Court, Defendant - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Robert E. Payne, Senior District Judge. (3:08-cv-00762-REP) Submitted: September 10, 2009 Decided: September 14, 2009 Before KING, DUNCAN, and AGEE, Circuit Judges. Affirmed by unpublished per curiam opinion. Edward Lee Birchett, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Edward Lee Birchett appeals the district court's order dismissing his 42 U.S.C. 1983 (2006) complaint without prejudice for failure to complete a consent to the collection of fees form as ordered by the magistrate judge. the record and find no reversible error. for the reasons stated by the district We have reviewed Accordingly, we affirm court. Birchett v. We Williams, No. 3:08-cv-00762-REP (E.D. Va. Feb. 19, 2009). deny Birchett's motions for appointment of counsel and motion for a transcript at government expense. 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 2

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