Norma Brown Griffin v. Rocco Fucillo

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--granting Motion to proceed in forma pauperis (FRAP 24) [999018789-2]; denying Motion to dismiss appeal [999046493-2] Originating case number: 5:12-cv-04223 Copies to all parties and the district court/agency. [999123107].. [12-2576]

Appeal: 12-2576

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Filed: 06/05/2013

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 12-2576

NORMA BROWN GRIFFIN; UNDER SEAL; UNDER SEAL,
Plaintiffs - Appellants,
v.
ROCCO SAMUEL FUCILLO, Commissioner, West Virginia Department
of Health and Human Services; DOUGLAS M. ROBINSON, Deputy
Commissioner, WV DHHR; SUE HAGE, Deputy Commissioner, WV
DHHR; RONALD M. ANDERSON, Deputy Commissioner, WV DHHR; JANE
MCCALLISTER, Director of Child Protective Services; JOE W.
BULLINGTON, Region IV Director, WV DHHR; RUSS FRIDLEY,
Supervisor, CPS Worker, Greebrier County; JEFF POMEROY,
Supervisor, CPS Greenbrier County; MARY TREECE, CPS Worker,
Greenbrier County; RICH HULMES, CPS Worker, Greenbrier
County; DAVINA AGEE, CPS Worker, Greenbrier County; NANCY
EXLINE, Deputy Commissioner, WV DHHR,
Defendants - Appellees.

Appeal from the United States District Court for the Southern
District of West Virginia, at Beckley.
Irene C. Berger,
District Judge. (5:12-cv-04223)

Submitted:

May 13, 2013

Decided:

Before NIEMEYER, FLOYD, and THACKER, Circuit Judges.

Affirmed by unpublished per curiam opinion.

June 5, 2013

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Norma Brown Griffin, UNDER SEAL, UNDER SEAL, Appellants Pro Se.
Charlene Ann Vaughan, Deputy Attorney General, Charleston, West
Virginia, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

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Appeal: 12-2576

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PER CURIAM:
Norma Brown Griffin, UNDER SEAL, and UNDER SEAL appeal
the district court’s order accepting in part the recommendation
of

the

magistrate

judge

and

dismissing

Griffin’s

motion

for

injunctive relief for failure to state a claim on which relief
may

be

granted.

reversible error.

We

have

reviewed

the

record

and

find

no

Accordingly, we grant leave to proceed in

forma pauperis on appeal and affirm for the reasons stated by
the

district

(S.D.W.

Va.

court.
Nov.

20,

Griffin
2012;

v.
Nov.

Fucillo,
28,

No.

2012).

5:12-cv-04223
We

deny

the

Appellees’ motion to dismiss and dispense with oral argument
because the facts and legal contentions are adequately presented
in the materials before this court and argument would not aid
the decisional process.
AFFIRMED

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