Roberts v. O'Brien

• Court: Court of Appeals for the Fourth Circuit
• Decided: July 8, 2009
• Docket: 08-7197
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-7197

JAMES D. ROBERTS,

Plaintiff - Appellant,

v.

TERRY O’BRIEN, Warden, USP Lee County; D. WILSON, Captain,

Defendants - Appellees.

Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Jackson L. Kiser, Senior District Judge. (7:08-cv-00372-jlk-mfu)

Submitted: June 12, 2009 Decided: July 8, 2009

Before MICHAEL, TRAXLER, and SHEDD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

James D. Roberts, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

James D. Roberts appeals the district court’s order

dismissing under 28 U.S.C. § 1915A(b) (2006) his complaint filed

pursuant to Bivens v. Six Unknown Named Agents of Fed. Bureau of

Narcotics, 403 U.S. 388 (1971). 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. Roberts v.

O’Brien, No. 7:08-cv-00372-jlk-mfu (W.D. Va. July 7, 2008). We

deny the motions for transcript at government expense, for

declaratory judgment, and for judgment on the pleadings and

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. The

motion to expedite is denied as moot.

DISMISSED