USCA4 Appeal: 24-6404 Doc: 10 Filed: 11/18/2024 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 24-6404

RUSSELL GORDON VICKERY,

Petitioner - Appellant,

v.

TIMOTHY M. CAIN,

Respondent - Appellee.

Appeal from the United States District Court for the District of South Carolina, at Aiken. Donald C. Coggins, Jr., District Judge. (1:24-cv-01165-DCC)

Submitted: November 14, 2024 Decided: November 18, 2024

Before THACKER and HARRIS, Circuit Judges, and KEENAN, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Russell Gordon Vickery, Petitioner.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 24-6404 Doc: 10 Filed: 11/18/2024 Pg: 2 of 2

PER CURIAM:

Russell Gordon Vickery appeals the district court’s order accepting the

recommendation of the magistrate judge and dismissing without prejudice his petition for

a writ of mandamus as frivolous pursuant to

(e)(2)(B). ∗ We have

reviewed the record and discern no reversible error. Accordingly, we affirm the district

court’s order and deny as unnecessary Vickery’s request for a certificate of appealability.

Vickery v. Cain, No. 1:24-cv-01165-DCC (D.S.C. Apr. 16, 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 of dismissal without prejudice is a final, appealable order because the court did not grant Vickery leave to amend. See Britt v. DeJoy,

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

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