Timmie Locklear v. Hope Harrison

Filing 920091008

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-6487 TIMMIE RUSSELL LOCKLEAR, Plaintiff ­ Appellant, v. HOPE HARRISON; NURSE PADGETT; NICKOLUS D. VAUG; PAULA SMITH, Defendants ­ Appellees. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Malcolm J. Howard, Senior District Judge. (5:08-ct-03132-H) Submitted: September 28, 2009 Decided: October 8, 2009 Before WILKINSON, MICHAEL, and SHEDD, Circuit Judges. Dismissed by unpublished per curiam opinion. Timmie Russell Locklear, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Timmie Russell Locklear appeals the district court's order dismissing his 42 U.S.C. § 1983 (2006) complaint under 28 U.S.C. § 1915(e)(2)(B) (2006). We have reviewed the record Accordingly, we deny and find that this appeal is frivolous. Locklear's motion for appointment of counsel and dismiss the appeal for the reasons No. stated by the district court. Locklear v. 2009). legal before Harrison, 5:08-ct-03132-H (E.D.N.C. March 11, We dispense with oral argument because the facts and contentions the court are and adequately argument presented not in aid the the materials decisional would process. DISMISSED 2

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