Noble Tornello El-Bey v. City of Greensboro


UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--granting Motion to proceed in forma pauperis (FRAP 24) [999136353-2] Originating case number: 1:10-cv-00572-NCT-JEP Copies to all parties and the district court/agency. [999202099]. Mailed to: appellant. [13-1731]

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Appeal: 13-1731 Doc: 15 Filed: 09/26/2013 Pg: 1 of 2 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-1731 NOBLE TORNELLO FONTAINE PIERCE EL-BEY, Dugdahmoundyah Muurs’ In Propria Persona, Washitaw de Plaintiff - Appellant, v. THE CITY OF GREENSBORO; CITY OF GREENSBORO POLICE DEPARTMENT; HAROLD THOMAS JARRELL; MAGISTRATE M. A. WILLIAMS; T. G. WALCHER, Badge 522; E. A. CROZIER, Badge 116, Defendants - Appellees. Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. N. Carlton Tilley, Jr., Senior District Judge. (1:10-cv-00572-NCT-JEP) Submitted: September 24, 2013 Before NIEMEYER and Senior Circuit Judge. THACKER, Decided: Circuit September 26, 2013 Judges, and HAMILTON, Affirmed by unpublished per curiam opinion. Noble Tornello Fontaine Pierce El-Bey, Appellant Pro Se. James Anthony Clark, Associate General Counsel, Greensboro, North Carolina; David John Adinolfi, II, Special Deputy Attorney General, Raleigh North Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. Appeal: 13-1731 Doc: 15 Filed: 09/26/2013 Pg: 2 of 2 PER CURIAM: Noble district Tornello court’s Fontaine orders Pierce adopting El-Bey the appeals magistrate the judge’s recommendation to dismiss his civil action and impose a prefiling injunction. reversible error. did not abuse injunction. We have reviewed the record and find no We further conclude that the district court its discretion in imposing the pre-filing See Cromer v. Kraft Foods N.A., Inc., 390 F.3d 812, 817-18 (4th Cir. 2004) (setting forth standard of review and four factors injunction). used to evaluate propriety of a pre-filing Accordingly, although we grant El-Bey leave to proceed on appeal in forma pauperis, we affirm for the reasons stated by the district court. No. 1:10-cv-00572-NCT-JEP 2013). legal before See El-Bey v. City of Greensboro, (M.D.N.C. March 21, 2012; May 16, We dispense with oral argument because the facts and contentions this court are adequately and argument presented would not in aid the the materials decisional process. AFFIRMED 2

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