United States v. Spencer

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 02-6138

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

ERIC DEWAYNE SPENCER, a/k/a High School,

Defendant - Appellant.

Appeal from the United States District Court for the Southern District of West Virginia, at Charleston. Charles H. Haden II, Chief District Judge. (CR-99-12)

Submitted: June 4, 2002 Decided: June 18, 2002

Before WIDENER, NIEMEYER, and GREGORY, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Eric Dewayne Spencer, Appellant Pro Se. Monica Kaminski Schwartz, OFFICE OF THE UNITED STATES ATTORNEY, Charleston, West Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:

Eric Dewayne Spencer appeals the district court’s order

denying his Fed. R. Civ. P. 7(b) motion to present federal

questions. We have reviewed the record and the district court’s

order and find no reversible error. Accordingly, we grant leave to

proceed in forma pauperis and affirm on the reasoning of the

district court. United States v. Spencer, No. CR-99-12 (S.D.W. Va.

Jan. 2, 2002). 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