Azubuko v. Dorchester District Court

• Court: Court of Appeals for the Fourth Circuit
• Decided: March 27, 2006
• Docket: 05-2275
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 05-2275

CHUKWUMA E. AZUBUKO,

Plaintiff - Appellant,

versus

DORCHESTER DISTRICT COURT FOR MASSACHUSETTS,

Defendant - Appellee.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. James C. Cacheris, Senior District Judge. (CA-04-403-1)

Submitted: March 23, 2006 Decided: March 27, 2006

Before WILKINSON, LUTTIG, and WILLIAMS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Chukwuma E. Azubuko, Appellant Pro Se. Sookyoung Shin, OFFICE OF THE ATTORNEY GENERAL, Boston, Massachusetts, for Appellee.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:

Chukwuma E. Azubuko appeals the district court’s order

denying relief on his 42 U.S.C. § 1983 (2000) complaint under 28

U.S.C. § 1915(e)(2)(B)(i) (2000). We have reviewed the record and

find that this appeal is frivolous. Accordingly, we dismiss the

appeal for the reasons stated by the district court. See

Azubuko v. Dorchester Dist. Court, No. CA-04-403-1 (E.D. Va. filed

Oct. 24, 2005 & entered Oct. 25, 2005). Further, we conclude that

the district court did not abuse its discretion in denying

Azubuko’s motions to reconsider, for new trial, and to vacate. See

United States v. Winestock, 340 F.3d 200, 204 (4th Cir. 2003)

(“District court decisions granting or denying [Fed. R. Civ. P.]

60(b) relief are reviewed for abuse of discretion. . . .”). We

deny Azubuko’s motion to proceed in forma pauperis. We dispense

with oral argument because the facts and legal contentions are

adequately presented in the materials before the court and argument

would not aid the decisional process.

DISMISSED

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