Christopher Oxendine-Bey v. John Hinson

U.S. Court of Appeals for the Fourth Circuit

Christopher Oxendine-Bey v. John Hinson

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 15-6996

CHRISTOPHER M. OXENDINE-BEY,

Plaintiff - Appellant,

v.

JOHN HINSON; JOHN BODY; JOHN GRAY; JANE WILLIAMS; JOHN DANIELS; JOHN HAIRING; JOHN STOCK; JOHN MOYER; JOHN SINGLETON; JANE HART; JOHN LENNON,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Fox, Senior District Judge. (5:15-ct-03001-F)

Submitted: November 17, 2015 Decided: November 19, 2015

Before SHEDD, DUNCAN, and DIAZ, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Christopher M. Oxendine-Bey, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Christopher M. Oxendine-Bey appeals the district court’s

order dismissing his

42 U.S.C. § 1983

(2012) action without

prejudice under

28 U.S.C. § 1915

(e)(2)(B) (2012). We have

reviewed the record and find no reversible error. Accordingly,

we affirm substantially for the reasons stated by the district

court. * Oxendine-Bey v. Hinson, No. 5:15-ct-03001-F (E.D.N.C.

May 11 & June 16, 2015). We dispense with oral argument because

the facts and legal contentions are adequately presented in the

materials before this court and argument would not aid the

decisional process.

AFFIRMED

* Insofar as Oxendine-Bey’s complaint could be construed as raising a “failure to protect” claim unrelated to his excessive force claim, we conclude this claim also would be subject to dismissal. See Danser v. Stansbury,

772 F.3d 340, 346-47

(4th Cir. 2014).

2

Reference

Status
Unpublished