Wearing v. Howard

• Court: Court of Appeals for the Fourth Circuit
• Decided: September 17, 2004
• Docket: 04-1557
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 04-1557

JACOB WEARING,

Plaintiff - Appellant,

versus

MALCOLM J. HOWARD, U.S. District Court Judge,

Defendant - Appellee.

No. 04-1558

BOVIS LEND LEASE, INCORPORATED,

Appeals from the United States District Court for the Eastern District of North Carolina, at Raleigh. Terrence W. Boyle, Chief District Judge. (CA-03-548-5-BO; CA-03-547-5-BO)

Submitted: August 18, 2004 Decided: September 17, 2004

Before LUTTIG, MOTZ, and KING, Circuit Judges. Affirmed by unpublished per curiam opinion.

Jacob Wearing, Appellant Pro Se. Nigle Bruce Barrow, Jr., Raleigh, North Carolina, for Appellee Bovis Lend Lease.

Unpublished opinions are not binding precedent in this circuit.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

- 2 - PER CURIAM:

Jacob Wearing appeals the district court’s orders

dismissing his civil action against Judge Malcolm J. Howard

pursuant to 28 U.S.C. § 1915(e)(2) (2000), and dismissing his

employment discrimination action on the ground of res judicata. We

have reviewed the record and find no reversible error.

Accordingly, we affirm for the reasons stated by the district

court. See Wearing v. Howard, No. CA-03-548-5-BO (E.D.N.C.

Mar. 15, 2004); Wearing v. Bovis Lend Lease, Inc., No. CA-03-547-5-

BO (E.D.N.C. Mar. 20, 2004). We deny Wearing’s motions for general

relief and for a jury trial 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.

AFFIRMED

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