Judson Witham v. DEC New York State


UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion for other relief [1000145188-2] Originating case number: 5:17-cv-00171-BO Copies to all parties and the district court/agency. [1000178463]. Mailed to: Judson Witham 15215 Aiken Road Wake Forest, NC 27587. [17-1791]

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Appeal: 17-1791 Doc: 11 Filed: 10/23/2017 Pg: 1 of 2 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 17-1791 JUDSON WITHAM, Plaintiff - Appellant, v. DEC NEW YORK STATE; STATE OF NEW YORK; ANDREW CUOMO, Governor; BASIL SEGGOS, Commissioner DEC; UNKNOWN JOHN AND JANE DOE'S AGENTS; EMPLOYEES FOR THE NEW YORK STATE; 1-10 BIVENS ACTION; WARREN COUNTY, NEW YORK; NYS DEC; THE LAKE GEORGE PARK COMMISSION; NEW YORK STATE CONSERVATION COM, Defendants - Appellees. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Terrence W. Boyle, District Judge. (5:17-cv-00171-BO) Submitted: October 19, 2017 Decided: October 23, 2017 Before NIEMEYER, MOTZ, and KING, Circuit Judges. Affirmed by unpublished per curiam opinion. Judson Witham, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. Appeal: 17-1791 Doc: 11 Filed: 10/23/2017 Pg: 2 of 2 PER CURIAM: Judson Witham appeals the district court’s order dismissing pursuant to 28 U.S.C. § 1915(e)(2)(B) (2012), his civil complaint in which he asserted claims against various New York individuals and entities arising out of their construction, operation, and maintenance of dams, resulting in the destruction of lakes and land, including Witham’s family’s property and marina. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. Witham v. DEC New York State, No. 5:17-cv-00171-BO (E.D.N.C. May 31, 2017). We deny Witham’s motion for 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 2

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