Dora Adkins v. JP Morgan Chase Bank, N.A.

• Court: Court of Appeals for the Fourth Circuit
• Decided: December 23, 2024
• Docket: 24-2030
• Status: Unpublished

Opinion

USCA4 Appeal: 24-2030 Doc: 9 Filed: 12/23/2024 Pg: 1 of 3

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 24-2030

DORA L. ADKINS,

Plaintiff - Appellant,

v.

JP MORGAN CHASE BANK, N.A.,

Defendant - Appellee.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Patricia Tolliver Giles, District Judge. (1:24-cv-00894-PTG-WBP)

Submitted: December 19, 2024 Decided: December 23, 2024

Before KING and BERNER, Circuit Judges, and TRAXLER, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Dora L. Adkins, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 24-2030 Doc: 9 Filed: 12/23/2024 Pg: 2 of 3

PER CURIAM:

Dora L. Adkins appeals the district court’s order denying her motions for leave to

file a proposed emergency complaint and a proposed amended emergency complaint,

denying her application to proceed in forma pauperis, and closing the case pursuant to

28 U.S.C. § 1915(e)(2)(B)(ii), which requires a district court to dismiss those civil actions

filed in forma pauperis that fail to state a claim on which relief may be granted. The

dismissal of a claim for failure to state a claim on which relief may be granted is reviewed

de novo. Slade v. Hampton Rds. Reg’l Jail, 407 F.3d 243, 248 (4th Cir. 2005). Although

a pro se litigant’s pleadings are to be construed liberally, Erickson v. Pardus, 551 U.S. 89,

94 (2007), her complaint “must contain sufficient factual matter, accepted as true, to ‘state

a claim to relief that is plausible on its face.’” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009)

(quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570, (2007)). Those “[f]actual

allegations must be enough to raise a right to relief above the speculative level.” Twombly,

550 U.S. at 555; see Francis v. Giacomelli, 588 F.3d 186, 193 (4th Cir. 2009) (noting that

“plausibility standard requires a plaintiff to demonstrate more than a sheer possibility that

a defendant has acted unlawfully” (internal quotation marks omitted)).

Adkins’ proposed complaints fail to state plausible claims under Virginia law

against Defendant for intentional infliction of emotional distress. See Viers v. Baker,

841 S.E.2d 857, 863 (Va. 2020); Jordan v. Shands, 500 S.E.2d 215, 218-19 (Va. 1998).

Accordingly, we deny Adkins’ motions to expedite review and seal decision and affirm the

district court’s order. Adkins v. JP Morgan Chase Bank, N.A., No. 1:24-cv-00894-PTG-

WBP (E.D. Va. Oct. 10, 2024). We dispense with oral argument because the facts and

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legal contentions are adequately presented in the materials before this court and argument

would not aid the decisional process.

AFFIRMED