Douglas McPhail v. American General Financial Ser

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UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 5:09-cv-00451-H Copies to all parties and the district court/agency. [998642950]. Mailed to: McPhail. [11-1221]

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Appeal: 11-1221 Document: 11 Date Filed: 07/29/2011 Page: 1 of 2 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 11-1221 DOUGLAS E. MCPHAIL, Plaintiff – Appellant, v. AMERICAN GENERAL FINANCIAL SERVICES, INCORPORATED, Defendant – Appellee, and A GOODNIGHT SLEEPSTORE, Defendant. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Malcolm J. Howard, Senior District Judge. (5:09-cv-00451-H) Submitted: July 26, 2011 Decided: July 29, 2011 Before WILKINSON, KING, and DIAZ, Circuit Judges. Affirmed by unpublished per curiam opinion. Douglas E. McPhail, Appellant Pro Se. Megan E. Miller, HUNTON & WILLIAMS, LLP, Charlotte, North Carolina; Canon Pence, HUNTON & WILLIAMS, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. Appeal: 11-1221 Document: 11 Date Filed: 07/29/2011 Page: 2 of 2 PER CURIAM: Douglas E. McPhail appeals the district court’s order dismissing his complaint failure to state a claim. no reversible error. under Fed. R. Civ. P. 12(b)(6) We have reviewed the record and find Accordingly, we affirm for the reasons stated by the district court. McPhail v. American Gen. Fin. Serv., Inc., No. 5:09-cv-00451-H (E.D.N.C. Feb. 8, 2011). dispense with oral for argument because the facts and We 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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