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    McCarty v. Jones, 4th Cir. (2010)

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    Gerald Lee McCarty appealed a district court's dismissal of his 42 U.S.C. § 1983 complaint under 28 U.S.C. § 1915(e)(2)(B). The Fourth Circuit Court of Appeals affirmed the district court's dismissal, finding McCarty's appeal frivolous. The appeals court denied McCarty's motion for appointment of counsel and dispensed with oral argument.

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    McCarty v. Jones, 4th Cir. (2010)

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    Gerald Lee McCarty appealed a district court's dismissal of his 42 U.S.C. § 1983 complaint under 28 U.S.C. § 1915(e)(2)(B). The Fourth Circuit Court of Appeals affirmed the district court's dismissal, finding McCarty's appeal frivolous. The appeals court denied McCarty's motion for appointment of counsel and dispensed with oral argument.

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    Filed: 2010-05-04 Precedential Status: Non-Precedential Docket: 10-6243

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    Gerald Lee McCarty appealed a district court's dismissal of his 42 U.S.C. § 1983 complaint under 28 U.S.C. § 1915(e)(2)(B). The Fourth Circuit Court of Appeals affirmed the district court's dismissal, finding McCarty's appeal frivolous. The appeals court denied McCarty's motion for appointment of counsel and dispensed with oral argument.

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    McCarty v. Jones, 4th Cir. (2010)

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    Gerald Lee McCarty appealed a district court's dismissal of his 42 U.S.C. § 1983 complaint under 28 U.S.C. § 1915(e)(2)(B). The Fourth Circuit Court of Appeals affirmed the district court's dismissal, finding McCarty's appeal frivolous. The appeals court denied McCarty's motion for appointment of counsel and dispensed with oral argument.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 10-6243

    GERALD LEE MCCARTY,


    Plaintiff - Appellant,
    v.
    PAUL L. JONES,
    Defendant - Appellee.

    Appeal from the United States District Court for the Eastern
    District of North Carolina, at Raleigh.
    Louise W. Flanagan,
    District Judge. (5:09-ct-03133-FL)

    Submitted:

    April 29, 2010

    Decided:

    May 4, 2010

    Before MOTZ and DUNCAN, Circuit Judges, and HAMILTON, Senior


    Circuit Judge.

    Affirmed by unpublished per curiam opinion.

    Gerald Lee McCarty, Appellant Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Gerald Lee McCarty appeals the district courts order
    dismissing his 42 U.S.C. 1983 (2006) complaint under 28 U.S.C.
    1915(e)(2)(B) (2006).

    We have reviewed the record and find

    that this appeal is frivolous.

    Accordingly, we affirm for the

    reasons stated by the district court.

    McCarty v. Jones, No.

    5:09-ct-03133-FL (E.D.N.C. Nov. 30, 2009).


    motion

    for

    appointment

    of

    counsel.

    We

    We deny McCartys
    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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