Milreace Malone v. Lewisburg, USP
Opinion
Unpublished opinions are not binding precedent in this circuit.
Milreace Malone appeals the district court’s order dismissing her civil action for failure to state a claim upon which relief may be granted pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) (2012). * We have reviewed the record and find no reversible error. Accordingly, we grant Malone’s motion to proceed in forma pauperis and affirm for the reasons stated by the district court. Malone v. Lewisburg, USP, No, 1:17-cv-02471-ELH, 2017 WL 6437188 (D. Md. filed Oct. 23, 2017 & entered Oct. 24, 2017). 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
Although the district court dismissed the action without prejudice, the district court's order is final and appealable under Goode v. Cent. Va. Legal Aid Soc’y, Inc., 807 F.3d 619, 623 (4th Cir. 2015), and Martin v. Duffy, 858 F.3d 239, 247 (4th Cir. 2017) ("repeated, ineffective attempts at amendment suggest that further amendment of the complaint would be futile”).
Reference
- Full Case Name
- Milreace MALONE, Rickey Malone, Plaintiff-Appellant, v. LEWISBURG, USP; Warden, Regional Office of P.A.; Dressier, Mr.; Hendricks, Mr., Defendants-Appellees
- Status
- Unpublished