John Ballard v. Amy Phenix

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 5:13-ct-03256-H Copies to all parties and the district court. [999590694]. Mailed to: John Ballard. [15-6329]

Appeal: 15-6329

Doc: 10

Filed: 05/27/2015

Pg: 1 of 2

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-6329

JOHN MARVIN BALLARD,
Plaintiff - Appellant,
v.
AMY PHENIX,
Defendant - Appellee.

Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
Malcolm J. Howard,
Senior District Judge. (5:13-ct-03256-H)

Submitted:

May 21, 2015

Decided:

May 27, 2015

Before MOTZ, KING, and WYNN, Circuit Judges.

Affirmed as modified by unpublished per curiam opinion.

John Marvin Ballard, Appellant Pro Se.
Eric Patrick Edgerton,
Francis Lachicotte Zemp, Jr., ROBERTS & STEVENS, PA, Asheville,
North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 15-6329

Doc: 10

Filed: 05/27/2015

Pg: 2 of 2

PER CURIAM:
John

Marvin

Ballard

granting

Defendant’s

alleging

claims

of

appeals

motion
libel,

to

the

district

dismiss

slander,

his

diversity

invasion

of

intentional infliction of emotional distress.
the record and find no reversible error.

court’s

order
action

privacy,

and

We have reviewed

Accordingly, although

we modify the dismissal order to reflect that the dismissal is
without prejudice, see S. Walk at Broadlands Homeowner’s Ass’n,
Inc. v. OpenBand at Broadlands, LLC, 713 F.3d 175, 185 & n.4
(4th Cir. 2013), we affirm the dismissal as modified.
v.

Phenix,

dispense

No.

with

contentions

are

5:13-ct-03256-H
oral

argument

adequately

(E.D.N.C.
because

presented

in

Feb.

the
the

3,

facts

Ballard

2015).

We

and

legal

materials

before

this court and argument would not aid the decisional process.

AFFIRMED AS MODIFIED

2