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  • Bergara v. Chafin, 4th Cir. (2007)

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    The United States Court of Appeals for the Fourth Circuit dismissed an appeal from Marjil Lee Bergara of a district court's order dismissing Bergara's complaint. The district court had dismissed the complaint under 28 U.S.C. § 1915A(b) for failure to state a claim. The Court of Appeals reviewed the record and found Bergara's appeal to be frivolous, so it dismissed the appeal for the same reasons provided by the district court in its earlier order. The Court dispensed with oral argument, as the facts and legal issues were clear based on the materials provided.

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    Filed: 2007-09-06 Precedential Status: Non-Precedential Docket: 07-6314

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    The United States Court of Appeals for the Fourth Circuit dismissed an appeal from Marjil Lee Bergara of a district court's order dismissing Bergara's complaint. The district court had dismissed the complaint under 28 U.S.C. § 1915A(b) for failure to state a claim. The Court of Appeals reviewed the record and found Bergara's appeal to be frivolous, so it dismissed the appeal for the same reasons provided by the district court in its earlier order. The Court dispensed with oral argument, as the facts and legal issues were clear based on the materials provided.

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    Public Domain
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    7 views2 pages

    Bergara v. Chafin, 4th Cir. (2007)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed an appeal from Marjil Lee Bergara of a district court's order dismissing Bergara's complaint. The district court had dismissed the complaint under 28 U.S.C. § 1915A(b) for failure to state a claim. The Court of Appeals reviewed the record and found Bergara's appeal to be frivolous, so it dismissed the appeal for the same reasons provided by the district court in its earlier order. The Court dispensed with oral argument, as the facts and legal issues were clear based on the materials provided.

    Copyright:

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 07-6314

    MARJIL LEE BERGARA,


    Plaintiff - Appellant,
    versus
    A. BENTON CHAFIN,
    Defendant - Appellee.

    Appeal from the United States District Court for the Western
    District of Virginia, at Roanoke. James P. Jones, Chief District
    Judge. (7:07-cv-00061-jpj)

    Submitted: August 30, 2007

    Decided:

    September 6, 2007

    Before MICHAEL, KING, and SHEDD, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Marjil Lee Bergara, Appellant Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Marjil Lee Bergara appeals the district courts order
    dismissing under 28 U.S.C. 1915A(b) (2000) his complaint filed
    pursuant to Bivens v. Six Unknown Named Agents of Fed. Bureau of
    Narcotics, 403 U.S. 388 (1971).

    We have reviewed the record and

    find that this appeal is frivolous.

    Accordingly, we dismiss the

    appeal for the reasons stated by the district court.

    See Bergara

    v. Chafin, No. 7:07-cv-00061-jpj (W.D. Va. Feb. 20, 2007).

    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.

    DISMISSED

    - 2 -

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