Wimberley v. Rogers

• Court: Court of Appeals for the Fourth Circuit
• Decided: June 18, 2003
• Docket: 02-2141
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 02-2141

JOHN RUSSELL WIMBERLEY, JR.,

Plaintiff - Appellant,

versus

STEVEN T. ROGERS, in his official capacity as inspector for Wilson, NC; MIA SMITH, in her official capacity as inspector for Wilson, NC; BURT GARRIS, in his official capacity of the Wilson Police Department; JOHN DOE, individually and in his lawful capacity as locksmith at M&W Locksmith in Wilson, NC,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Terrence W. Boyle, Chief District Judge. (CA-02-390-5-BO)

Submitted: June 6, 2003 Decided: June 18, 2003

Before LUTTIG, MICHAEL, and TRAXLER, Circuit Judges.

Affirmed by unpublished per curiam opinion.

John Russell Wimberley, Jr., Appellant Pro Se. James Percy Cauley, III, Tom Slade Rand, Jr., ROSE, RAND, ORCUTT, CAULEY & BLAKE, P.A., Wilson, North Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

PER CURIAM:

John Russell Wimberley, Jr., appeals the district court’s

order dismissing without prejudice his civil action. We have

reviewed the record and find no reversible error. Accordingly, we

affirm for the reasons stated by the district court. See Wimberley

v. Rogers, No. CA-02-390-5-BO (E.D.N.C. Sept. 11, 2002).

Wimberley’s motions to deny the Defendants’ brief and for

injunctive relief are denied. 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