Tracey Grady v. Boitnot

• Court: Court of Appeals for the Fourth Circuit
• Decided: December 20, 2022
• Docket: 22-6838
• Status: Unpublished

Opinion

USCA4 Appeal: 22-6838 Doc: 8 Filed: 12/20/2022 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 22-6838

TRACEY TERRELL GRADY,

Plaintiff - Appellant,

v.

BOITNOT, Sergeant; KENNEDY, Officer; KIKER, Officer; STONE, Officer,

Defendants - Appellees.

Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Martin K. Reidinger, Chief District Judge. (3:22-cv-00135-MR)

Submitted: December 15, 2022 Decided: December 20, 2022

Before GREGORY, Chief Judge, and WILKINSON and DIAZ, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Tracey Terrell Grady, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 22-6838 Doc: 8 Filed: 12/20/2022 Pg: 2 of 2

PER CURIAM:

Tracey Terrell Grady, a North Carolina inmate, appeals the district court’s order sua

sponte revoking Grady’s authorization to proceed in forma pauperis (IFP). ∗ Upon review,

we discern no abuse of discretion in the district court’s order. See Blakely v. Wards, 738

F.3d 607, 612 (4th Cir. 2013) (en banc) (observing this court’s agreement with the principle

that lower courts have the “authority to deny IFP status to a prisoner who has abused the

privilege” of proceeding IFP (internal quotation marks omitted)). Accordingly, we affirm

the appealed-from order for the reasons stated by the district court. Grady v. Boitnot,

No. 3:22-cv-00135-MR (W.D.N.C. July 5, 2022). 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

∗ We have jurisdiction over this order because an order denying “a motion to proceed in forma pauperis is an appealable [interlocutory] order.” Roberts v. U.S. Dist. Ct., 339 U.S. 844, 845 (1950) (per curiam).