Barry Nakell v. John M. Barth, Sr.

Filing

UNPUBLISHED PER CURIAM OPINION filed -granting Motion to submit on the briefs (Local Rule 34(e)) [999735478-2] Originating case number: 5:14-cv-00236-F. Copies to all parties and the district court. [999819634]. [15-1906]

Appeal: 15-1906

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-1906

BARRY NAKELL,
Respondent - Appellant,
v.
JOHN M. BARTH, SR.,
Respondent - Appellee.

Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
James C. Fox, Senior
District Judge. (5:14-cv-00236-F)

Submitted:

April 29, 2016

Decided:

May 11, 2016

Before SHEDD, AGEE, and KEENAN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Matthew Nis Leerberg, SMITH MOORE LEATHERWOOD LLP, Raleigh, North
Carolina, for Appellant. Michael J. Small, David B. Goroff, Licyau
Wong, FOLEY & LARDNER LLP, Chicago, Illinois; Reginald B.
Gillespie, Jr., N. Hunter Wyche, Jr., WILSON & RATLEDGE, PLLC,
Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 15-1906

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Filed: 05/11/2016

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PER CURIAM:
Barry Nakell appeals the district court’s order assessing
fees and costs pursuant to 28 U.S.C. § 1927 (2012), against him
for unreasonably multiplying the proceedings in an action brought
by his client against John M. Barth, Sr.

We have reviewed the

parties’ briefs and the record on appeal and find no reversible
error.

Accordingly, we affirm for the reasons stated by the

district court.

Nakell v. Barth, No. 5:14-cv-00236-F (E.D.N.C.

July 10, 2015).

We grant Barth’s motion to submit the case on the

briefs and we 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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