McNair v. Tarboro District Attorney's Office

• Court: Court of Appeals for the Fourth Circuit
• Decided: March 21, 2011
• Docket: 11-1100
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 11-1100

ANTHONY LEE MCNAIR, Apostle,

Plaintiff – Appellant,

v.

TARBORO DISTRICT ATTORNEY’S OFFICE; WAYNE SHELTON BOYETTE, State Counselor,

Defendants – Appellees.

Appeal from the United States District Court for the Eastern District of North Carolina, at New Bern. Louise W. Flanagan, Chief District Judge. (5:10-cv-00545-FL)

Submitted: March 15, 2011 Decided: March 21, 2011

Before MOTZ and WYNN, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Anthony Lee McNair, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Anthony Lee McNair appeals the district court’s order

adopting the recommendation of the magistrate judge and

dismissing as frivolous McNair’s 42 U.S.C. § 1983 (2006)

complaint under 28 U.S.C. § 1915(e)(2)(B) (2006). We have

reviewed the record and find no reversible error. Accordingly,

we affirm for the reasons stated by the district court. McNair

v. Tarboro Dist. Att’y’s Office, No. 5:10-cv-00545-FL (E.D.N.C.

Jan. 25, 2011). 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