Alton Simmons v. Sarah Johnson

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [998534914-2] Originating case number: 5:10-ct-03017-D Copies to all parties and the district court/agency. [998562055]. Mailed to: Simmons. [10-7708]

Case: 10-7708

Document: 17

Date Filed: 04/06/2011

Page: 1

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 10-7708

ALTON SIMMONS,
Plaintiff - Appellant,
v.
SARAH E. JOHNSON; COLBERT L. REPASS; HATTIE PIMPONG; RICK
ANDERSON; OFFICER TRUEBLOOD; SERGEANT BUNDY; ROBIN JONES,
Defendants - Appellees.

Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
James C. Dever III,
District Judge. (5:10-ct-03017-D)

Submitted:

March 31, 2011

Decided:

April 6, 2011

Before NIEMEYER, SHEDD, and AGEE, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Alton Simmons, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

Case: 10-7708

Document: 17

Date Filed: 04/06/2011

Page: 2

PER CURIAM:
Alton

Simmons

appeals

the

district

court’s

order

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 deny leave to proceed

in forma pauperis and dismiss the appeal for the reasons stated
by the district court.
(E.D.N.C.

Nov.

19,

Simmons v. Johnson, No. 5:10-ct-03017-D

2010).

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

2