Tracey Grady v. D. Rogers

U.S. Court of Appeals for the Fourth Circuit

Tracey Grady v. D. Rogers

Opinion

USCA4 Appeal: 22-6643 Doc: 14 Filed: 12/19/2022 Pg: 1 of 3

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 22-6643

TRACEY TERRELL GRADY,

Plaintiff - Appellant,

v.

D. ROGERS, f/k/a FNU Rogers, Captain at Union County Jail; J. DENNIS, f/k/a FNU Dennis, Lieutenant at Union County Jail; B. W. PURSER, f/k/a FNU Purser, Sergeant at Union County Jail, Individual Capacity; C. A. EUBANKS, f/k/a C. Eubanks, Officer at Union County Jail, Individual Capacity; D. BURNS, f/k/a FNU Burns, Officer at Union County Jail, Individual Capacity; K. MARTIN, f/k/a FNU Morton, Corporal at Union County Jail; H. W. YOUNTS, f/k/a FNU Younths; FNU HAMILTON, Officer at Union County Jail, Individual Capacity; J. PHILEMON, f/k/a FNU Philimon, Sergeant at Union County Jail, Individual Capacity; EDDIE CATHEY, Sheriff of Union County; MEGAN KIMBALL, Sergeant at Union County Jail, Individual Capacity; J. R. STRICKLAND, Officer at Union County Jail, Individual Capacity; Z. R. PANEK, Officer at Union County Jail, Individual Capacity; V. L. ADCOCK, Sergeant at Union County Jail, Individual Capacity; C. MCSHEEHAN, Officer at Union County Jail, Individual Capacity; A. KNOX, Officer at Union County Jail, Individual Capacity; FNU GROOMS, Officer at Union County Jail, Individual Capacity; D. RUCKER, Officer at Union County Jail, Individual Capacity; T. KNOTTS, Officer at Union County Jail, Individual Capacity; FNU KEZIAH, Officer at Union County Jail, Individual Capacity; D. ORLANDO, Officer at Union County Jail, Individual Capacity; C. T. KIKER, Officer at Union County Jail, Individual Capacity,

Defendants - Appellees,

and

FNU HODGESON, Officer at Union County Jail; FNU BOITNOT, Sergeant at Union County Jail; FNU GREENLEY, Head Nurse at Union County Jail,

Defendants. USCA4 Appeal: 22-6643 Doc: 14 Filed: 12/19/2022 Pg: 2 of 3

Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Martin K. Reidinger, Chief District Judge. (3:20-cv-00601-MR)

Submitted: December 15, 2022 Decided: December 19, 2022

Before GREGORY, Chief Judge, and WILKINSON and DIAZ, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Tracey Terrell Grady, Appellant Pro Se. Donald Brandon Christian, Monroe, North Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

2 USCA4 Appeal: 22-6643 Doc: 14 Filed: 12/19/2022 Pg: 3 of 3

PER CURIAM:

Tracey Terrell Grady, a North Carolina inmate, appeals the district court’s order

dismissing without prejudice Grady’s

42 U.S.C. § 1983

civil rights action after the court

exercised its discretion to revoke Grady’s authorization to proceed in forma pauperis (IFP).

Upon review, we discern no abuse of discretion in the district court’s ruling. See Blakely v.

Wards,

738 F.3d 607, 612

(4th Cir. 2013) (en banc) (observing this court’s agreement with

the principle that lower courts have the “authority to deny IFP status to a prisoner who has

abused the privilege” of proceeding IFP (internal quotation marks omitted)). Accordingly,

we affirm the appealed-from order for the reasons stated by the district court. Grady v.

Rogers, No. 3:20-cv-00601-MR (W.D.N.C. May 18, 2022). We deny Grady’s motion to

stay this appeal and deny as moot Grady’s motion for additional time to supplement his

informal brief. 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

3

Reference

Status
Unpublished