Pearson v. City of Morganton

U.S. Court of Appeals for the Fourth Circuit December 16, 2002

Pearson v. City of Morganton, 53 F. App'x 239 (4th Cir. 2002)

Opinion of the Court

PER CURIAM.

Marion Edward Pearson, Jr., appeals the district court’s order denying relief on his 42 U.S.C. § 1983 (2000) complaint. We have reviewed the record and find no reversible error. Accordingly, we affirm substantially on the reasoning of the district court. See Pearson v. City of Morganton, No. CA-01-285-1-02-MU (W.D.N.C. June 11, 2002).* We dispense with oral argument because the facts and legal contentions are adequately presented *240in the materials before the court and argument would not aid the decisional process.

AFFIRMED.

We note that we lack jurisdiction over Pearson’s claims relating to the issuance of a nontestimonial identification order ("NIO”) under the Rooker-Feldman doctrine. See Dist. of Columbia Court of Appeals v. Feldman, 460 U.S. 462, 103 S.Ct. 1303, 75 L.Ed.2d 206 (1983); Rooker v. Fid. Trust Co., 263 U.S. 413, 44 S.Ct. 149, 68 L.Ed. 362 (1923); State v. Pearson, 356 N.C. 22, 566 S.E.2d 50, 55-61 (N.C. 2002) (finding sufficient evidence to support the issuance of the NIO), petition for cert. filed, (Oct. 16, 2002) (No. 02-7164).

Reference

Full Case Name: Marion Edward PEARSON, Jr. v. The CITY OF MORGANTON, NORTH CAROLINA, sued in their individual capacity Burke County Department of Social Services, Policy Official John S. Suttle, sued in both individual and official capacity Ronnie Hudson, sued in both individual and official capacity Kathy Robinson, sued in both individual and official capacity Brenda Bissette, sued in both individual and official capacity The News Herald, sued in their individual capacity Prince George County Officer John Doe 1 and 2 John Doe, Social Worker 1 and 2 Christian McClitock, sued in his individual capacity Gene Baker, sued in his individual capacity Robert C. Ervin, sued in his individual capacity Wayne Clontz, sued in his individual capacity John McDevitt, sued in both individual and official capacity Gary Dillinger, sued in both individual and official capacity Talton Dark, sued in both individual and official capacity Steve Scholeberle, sued in both individual and official capacity B.J. Hamerick, sued in both individual and official capacity North Carolina S.B.I. Crime Lab Claude S. Sitton, Judge Peter W. Haiston, judge, sued as official Oliver L. Noble, Judge, sued as official Becky Brendle Julius A. Rousseau, Jr., Judge, sued as official
Status: Published