Birchett v. Williams

• Court: Court of Appeals for the Fourth Circuit
• Decided: September 14, 2009
• Docket: 09-6417
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-6417

EDWARD LEE BIRCHETT,

Plaintiff - Appellant,

v.

GARY WILLIAMS, Clerk, Sussex Circuit Court,

Defendant - Appellee.

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Robert E. Payne, Senior District Judge. (3:08-cv-00762-REP)

Submitted: September 10, 2009 Decided: September 14, 2009

Before KING, DUNCAN, and AGEE, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Edward Lee Birchett, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Edward Lee Birchett appeals the district court’s order

dismissing his 42 U.S.C. § 1983 (2006) complaint without

prejudice for failure to complete a consent to the collection of

fees form as ordered by the magistrate judge. We have reviewed

the record and find no reversible error. Accordingly, we affirm

for the reasons stated by the district court. Birchett v.

Williams, No. 3:08-cv-00762-REP (E.D. Va. Feb. 19, 2009). We

deny Birchett’s motions for appointment of counsel and motion

for a transcript at government expense. 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.

AFFIRMED