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    The United States Court of Appeals for the Fourth Circuit affirmed the district court's dismissal of a civil rights suit filed by Clarence and Geraldine Fox. The district court had dismissed the suit as frivolous and denied the Foxes' motion for reconsideration. The appellate court found no reversible error in the district court's rulings. As to Clarence Fox, the appellate court affirmed for the reasons stated by the district court. As to Geraldine Fox, the appellate court agreed the claim was frivolous but affirmed the dismissal under a different section of the U.S. code. The appellate court also denied Geraldine Fox's motion to proceed in forma pauperis.

    Original Description:

    Filed: 2004-11-04 Precedential Status: Non-Precedential Docket: 04-6907

    Original Title

    Fox v. Federal Bureau Prisons, 4th Cir. (2004)

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    The United States Court of Appeals for the Fourth Circuit affirmed the district court's dismissal of a civil rights suit filed by Clarence and Geraldine Fox. The district court had dismissed the suit as frivolous and denied the Foxes' motion for reconsideration. The appellate court found no reversible error in the district court's rulings. As to Clarence Fox, the appellate court affirmed for the reasons stated by the district court. As to Geraldine Fox, the appellate court agreed the claim was frivolous but affirmed the dismissal under a different section of the U.S. code. The appellate court also denied Geraldine Fox's motion to proceed in forma pauperis.

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    Public Domain
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    24 views2 pages

    Corrected Opinion Unpublished

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit affirmed the district court's dismissal of a civil rights suit filed by Clarence and Geraldine Fox. The district court had dismissed the suit as frivolous and denied the Foxes' motion for reconsideration. The appellate court found no reversible error in the district court's rulings. As to Clarence Fox, the appellate court affirmed for the reasons stated by the district court. As to Geraldine Fox, the appellate court agreed the claim was frivolous but affirmed the dismissal under a different section of the U.S. code. The appellate court also denied Geraldine Fox's motion to proceed in forma pauperis.

    Copyright:

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    of 2

    CORRECTED OPINION

    UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT

    No. 04-6907

    CLARENCE T. FOX, JR.; GERALDINE C. FOX,


    Plaintiffs - Appellants,
    versus
    FEDERAL BUREAU OF PRISONS; HARLEY G. LAPPIN;
    JIM RALPH; STEPHEN M. DEWALT; LAURENE SHARPE,
    Case Manager; GRETCHEN ROBINSON; PHILLIP
    CLARK,
    Defendants - Appellees.

    Appeal from the United States District Court for the Eastern
    District of North Carolina, at Raleigh.
    Malcolm J. Howard,
    District Judge. (CA-04-152-5-H)

    Submitted:

    October 14, 2004


    Corrected Opinion Filed:

    Decided:

    October 20, 2004

    November 4, 2004

    Before MOTZ, TRAXLER, and SHEDD, Circuit Judges.

    Affirmed by unpublished per curiam opinion.

    Clarence T. Fox, Jr., Geraldine C. Fox, Appellants Pro Se.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Geraldine and Clarence Fox appeal the district courts
    orders dismissing their civil rights suit as frivolous and denying
    their motion for reconsideration.
    find no reversible error.

    We have reviewed the record and

    Accordingly, as to Clarence Fox, we

    affirm for the reasons stated by the district court.

    See Fox v.

    Federal Bureau of Prisons, No. CA-04-152-5-H (E.D.N.C. Mar. 31 &


    May 27, 2004).

    As to Geraldine Fox, we agree that her claim is

    frivolous for the reasons stated by the district court; however, we


    affirm the dismissal of her claim as modified to reflect that the
    dismissal should have been under 28 U.S.C. 1915(e)(2)(B)(ii)
    (2000).
    pauperis.

    We deny Geraldine Foxs motion to proceed in forma


    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

    - 2 -

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