Everson v. Honacher

U.S. Court of Appeals for the Fourth Circuit

Everson v. Honacher

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 07-1843

DAVID K. EVERSON; PATRICIA M. EVERSON,

Plaintiffs - Appellants,

versus

CHARLES S. HONACHER; CATHERINE M. HONACHER,

Defendants - Appellees.

Appeal from the United States District Court for the Middle District of North Carolina, at Durham. James A. Beaty, Jr., Chief District Judge. (1:06-cv-00772-JAB)

Submitted: January 11, 2008 Decided: March 7, 2008

Before WILKINSON, TRAXLER, and KING, Circuit Judges.

Affirmed by unpublished per curiam opinion.

David K. Everson, Patricia M. Everson, Appellants Pro Se. Bryan Douglas Martin, Stokesdale, North Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

David K. and Patricia M. Everson appeal the district

court’s order granting Charles S. and Catherine M. Honacher’s

motion to dismiss the Eversons’ civil action pursuant to Federal

Rule of Civil Procedure 12(b)(6). The district court found the

Eversons’ amended complaint failed to state claims upon which

relief could be granted and it denied the Eversons’ motion to file

a second amended complaint, finding that amendment would be futile.

The Eversons challenge each of the district court’s findings.

We have reviewed the record, the parties’ informal

briefs, and the district court’s order and find no reversible

error. Accordingly, we affirm for the reasons stated by the

district court. Everson v. Honacher, No. 1:06-cv-00772-JAB

(M.D.N.C. June 4, 2007). 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

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Reference

Status
Unpublished