Tucker v. Storey

UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

CORNELIUS TUCKER, JR.,

Plaintiff-Appellant, v.

FRANCES STOREY, individually and in her official capacity as Clerk of

Superior Court, Forsyth County;

No. 95-7676 CECILIA GORDON, individually and in her official capacity as Secretary of

Forsyth Court; T. J. FISHER, individually and in his official capacity as Deputy Clerk of

Superior Court,

Defendants-Appellees.

Appeal from the United States District Court for the Middle District of North Carolina, at Winston-Salem.

N. Carlton Tilley, Jr., District Judge. (CA-95-537)

Submitted: January 18, 1996

Decided: February 12, 1996

Before HAMILTON and LUTTIG, Circuit Judges, and CHAPMAN, Senior Circuit Judge. _________________________________________________________________ Dismissed by unpublished per curiam opinion. Judge Luttig wrote a concurring opinion. _________________________________________________________________ COUNSEL

Cornelius Tucker, Jr., Appellant Pro Se. _________________________________________________________________ Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). _________________________________________________________________ OPINION

PER CURIAM:

Appellant appeals from the district court's order adopting the mag- istrate judge's report and recommendation and denying leave to file a 42 U.S.C. § 1983 complaint for failing to comply with a pre-filing injunction. We have reviewed the record and the district court's opin- ion and find no reversible error. Accordingly, we deny leave to pro- ceed in forma pauperis and dismiss on the reasoning of the district court. Tucker v. Storey, No. CA-95-537 (M.D.N.C. Oct. 3, 1995). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argu- ment would not aid the decisional process. Judge Luttig would impose sanctions for abuse of the judicial process.

DISMISSED _________________________________________________________________ LUTTIG, Circuit Judge, concurring:

Appellant has filed 123 appeals in this court between October 22, 1993, and today. I would impose sanctions against Appellant for abuse of the judicial process.