Michael Porter v. Officer Lechner

U.S. Court of Appeals for the Fourth Circuit

Michael Porter v. Officer Lechner

Opinion

USCA4 Appeal: 24-6353 Doc: 8 Filed: 10/01/2024 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 24-6353

MICHAEL D. PORTER,

Plaintiff - Appellant,

v.

OFFICER LECHNER; OFFICER SMITH; SERGEANT WILBURN,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Terrence W. Boyle, District Judge. (5:23-ct-03148-BO-RJ)

Submitted: August 30, 2024 Decided: October 1, 2024

Before WILKINSON, RUSHING, and HEYTENS, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Michael D. Porter, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 24-6353 Doc: 8 Filed: 10/01/2024 Pg: 2 of 2

PER CURIAM:

Michael D. Porter appeals the district court’s order dismissing his

42 U.S.C. § 1983

complaint without prejudice pursuant to

28 U.S.C. § 1915

(e)(2)(B) for failure to state a

claim. ∗ We have reviewed the record and discern no reversible error. Accordingly, we

affirm the district court’s order. Porter v. Lechner, No. 5:23-ct-03148-BO-RJ (E.D.N.C.

Apr. 4, 2024). 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

∗ The district court’s order dismissing the complaint without prejudice is a final, appealable order because the court did not grant Porter leave to amend. See Britt v. DeJoy,

45 F.4th 790, 796

(4th Cir. 2022) (en banc).

2

Reference

Status
Unpublished