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Odell Ewing v. J. Silvious, 4th Cir. (2012)
Odell Ewing v. J. Silvious, 4th Cir. (2012)
Odell Ewing v. J. Silvious, 4th Cir. (2012)
No. 11-7683
ODELL EWING,
Plaintiff - Appellant,
v.
J. A. SILVIOUS, Officer of Raleigh Police Department; K.
KINNEY, Officer of Raleigh Police Department; RALEIGH
POLICE DEPARTMENT,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
James C. Fox, Senior
District Judge. (5:11-cv-00064-F)
Submitted:
Decided:
June 4, 2012
PER CURIAM:
Odell
Ewing
appeals
the
district
courts
order
To the extent
Ewing
may
refile
those
claims
if
his
conviction
is
court.
See
Ewing
v.
Silvious,
No.
5:11-cv-00064-F
must
dismiss
case
if
it
determines
the
action
is
be
granted.
28
U.S.C.
1915(e)(2)(B)(i),
(ii).
[A]
556
omitted).
U.S.
662,
678
(2009)
(internal
Ashcroft v.
quotation
marks
See Nagy v. FMC Butner, 376 F.3d 252, 254 (4th Cir.
standards
Fourth
Fourteenth
and
sufficient
to
survive
for
excessive
Amendments),
frivolousness
force
Ewings
review,
claims
under
the
allegations
are
see
Neitzke,
490
Ewings
excessive
force
claim
3
and
remand
for
further
proceedings. *
district
We
affirm,
courts
as
judgment
appointment of counsel.
modified,
and
deny
the
remainder
Ewings
of
request
the
for
before
the
court
and
argument
would
not
aid
the
decisional process.
AFFIRMED AS MODIFIED IN PART,
VACATED IN PART,
AND REMANDED