Barry Nakell v. John M. Barth, Sr.

Filing

AMENDED OPINION filed amending and superseding opinion dated May 11, 2016. Motion disposition in opinion--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. [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UNPUBLISHED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

Amended: July 19, 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Affirmed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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: 07/19/2016

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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 in a
bankruptcy case.

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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