Roy Echols, Jr. v. CSX Transportation, Inc.


UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--granting Motion to proceed in forma pauperis (FRAP 24) [1000139215-2]; denying Motion to appoint/assign counsel [1000174048-2]; denying Motion to compel [1000140834-2]. Originating case number: 3:16-cv-00294-REP-RCY. Copies to all parties and the district court. [1000177809]. Mailed to: Appellant. [17-6827]

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Appeal: 17-6827 Doc: 19 Filed: 10/20/2017 Pg: 1 of 2 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 17-6827 ROY FRANKLIN ECHOLS, JR., Plaintiff - Appellant, v. CSX TRANSPORTATION, INCORPORATED, Defendant - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Robert E. Payne, Senior District Judge. (3:16-cv-00294-REP-RCY) Submitted: October 17, 2017 Decided: October 20, 2017 Before FLOYD and HARRIS, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Roy Franklin Echols, Jr., Appellant Pro Se. Dustin Mitchell Paul, VANDEVENTER BLACK, LLP, Norfolk, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. Appeal: 17-6827 Doc: 19 Filed: 10/20/2017 Pg: 2 of 2 PER CURIAM: Roy Franklin Echols, Jr., appeals the district court’s order dismissing, as timebarred, his action brought pursuant to the Federal Employers’ Liability Act (FELA), 45 U.S.C. §§ 51 to 60 (2012). We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. Echols v. CSX Transp., Inc., No. 3:16-cv-00294-REP-RCY (E.D. Va. June 13, 2017). We grant Echols’ motion for leave to proceed in forma pauperis * but deny his motions for appointment of counsel and to compel production of documents. 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 * Appellant’s in forma pauperis status is conditioned on payment of the filing fee in installments under the Prison Litigation Reform Act, in accordance with the court's order of July 18, 2017. 2

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