UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 10-2052

VICTOR B. WHITE,

Plaintiff – Appellant,

v.

FNU SMEREKA; FNU TAYLOR; CITY OF CHARLOTTE, NORTH CAROLINA; FNU MACRAE,

Defendants – Appellees,

and

FNU SERGEANT; FNU SMITH; FNU PAULK; FNU CHILDS; FNU TIMMER,

Defendants.

Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Frank D. Whitney, District Judge. (3:09-cv-00257-FDW-DCK)

Submitted: January 28, 2011 Decided: February 10, 2011

Before GREGORY and AGEE, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Victor B. White, Appellant Pro Se. Robert Dennis McDonnell, Charlotte, North Carolina; David John Adinolfi, II, Special Deputy Attorney General, Raleigh, North Carolina; Sean Francis Perrin, WOMBLE CARLYLE SANDRIDGE & RICE, PLLC, Charlotte, North Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

2 PER CURIAM:

Victor B. White appeals the district court’s order

denying relief on his

(2006) complaint. We

have reviewed the record and find no reversible error.

Accordingly, we affirm for the reasons stated by the district

court. White v. Smereka, No. 3:09-cv-00257-FDW-DCK (W.D.N.C.

June 14, 2010 & Aug. 17, 2010). Further, we deny the City of

Charlotte, North Carolina’s motion to dismiss, because we find

that White’s notice of appeal was timely filed. 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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