Tigress McDaniel v. Green Dot Corporation

• Court: Court of Appeals for the Fourth Circuit
• Decided: August 31, 2023
• Docket: 23-1218
• Status: Unpublished

Opinion

USCA4 Appeal: 23-1218 Doc: 13 Filed: 08/31/2023 Pg: 1 of 3

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 23-1135

TIGRESS SYDNEY ACUTE MCDANIEL,

Plaintiff - Appellant,

v.

GREEN DOT CORPORATION; GREEN DOT BANK; FINGERHUT; BLUESTEM SALES, INC.; EXPERIAN DATA CORP.; EXPERIAN SERVICES CORP.; TRANSUNION DATA SOLUTIONS LLC; TRANSUNION LLC; EQUIFAX INFORMATION SERVICES LLC; DOES,

Defendants - Appellees.

No. 23-1218

GREEN DOT CORPORATION; GREEN DOT BANK; FINGERHUT; BLUESTEM SALES, INC.; EXPERIAN DATA CORP.; EXPERIAN SERVICES CORP.; TRANSUNION DATA SOLUTIONS LLC; TRANSUNION LLC; EQUIFAX INFORMATION SERVICES LLC; DOES,

Appeals from the United States District Court for the Western District of North Carolina, at Charlotte. Graham C. Mullen, Senior District Judge. (3:23-cv-00021-GCM-DCK) USCA4 Appeal: 23-1218 Doc: 13 Filed: 08/31/2023 Pg: 2 of 3

Submitted: August 29, 2023 Decided: August 31, 2023

Before KING, AGEE, and BENJAMIN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Tigress Sydney Acute McDaniel, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

2 USCA4 Appeal: 23-1218 Doc: 13 Filed: 08/31/2023 Pg: 3 of 3

PER CURIAM:

In these consolidated cases, Tigress Sydney Acute McDaniel appeals the district

court’s orders of (a) January 26, 2023, which denied McDaniel leave to proceed in forma

pauperis (IFP) as a matter of discretion and directed McDaniel to pay the filing fee and

respond to the court’s intent to impose a prefiling review system to screen McDaniel’s

future filings (“January Order”) (No. 23-1135); and (b) February 27, 2023, which

dismissed McDaniel’s civil action without prejudice for failure to comply with the court’s

January Order and imposed a prefiling review system (No. 23-1218). We affirm.

First, upon review, we discern no abuse of discretion in the district court’s rationale

for denying McDaniel leave to proceed IFP. See Dillard v. Liberty Loan Corp., 626 F.2d

363, 364 (4th Cir. 1980) (providing standard of review). Next, the record confirms that

McDaniel neither paid the filing fee after being denied IFP status nor responded to the

district court’s direction, in the January Order, to show cause why the prefiling review

system should not be imposed. We therefore conclude that the court did not err in

dismissing without prejudice McDaniel’s civil action for failure to comply with the January

Order or imposing the prefiling review system for the reasons explained in the January

Order, which McDaniel did not substantively challenge. Accordingly, we affirm the

appealed-from orders. McDaniel v. Green Dot Corp., No. 3:23-cv-00021-GCM-DCK

(W.D.N.C. Jan. 26, 2023 & Feb. 27, 2023). We dispense with oral argument because the

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

argument would not aid the decisional process.

AFFIRMED