Carlos Mayberry v. The Carlos Mayberry Trust

U.S. Court of Appeals for the Fourth Circuit

Carlos Mayberry v. The Carlos Mayberry Trust

Opinion

USCA4 Appeal: 23-7164 Doc: 13 Filed: 12/23/2024 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 23-7164

CARLOS R. MAYBERRY, a/k/a Bel Sable Napolean,

Plaintiff - Appellant,

v.

THE CARLOS MAYBERRY TRUST; ROBERT GREEN; ANNIE HARVEY; JEFF NINES,

Defendants - Appellees.

Appeal from the United States District Court for the District of Maryland, at Baltimore. Paula Xinis, District Judge. (1:23-cv-02350-PX)

Submitted: December 19, 2024 Decided: December 23, 2024

Before KING and BERNER, Circuit Judges, and TRAXLER, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Carlos R. Mayberry, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 23-7164 Doc: 13 Filed: 12/23/2024 Pg: 2 of 2

PER CURIAM:

Carlos R. Mayberry appeals the district court’s order dismissing his

42 U.S.C. § 1983

complaint without prejudice under 28 U.S.C. § 1915A(b) for failure to state a claim

upon which relief may be granted and for lack of jurisdiction. 1 See Britt v. DeJoy,

45 F.4th 790, 791

(4th Cir. 2022) (en banc) (explaining dismissal without prejudice is final if district

court does not grant leave to amend). We have reviewed the record, as well as Mayberry’s

informal brief and his affidavits filed in this court, 2 and we find no reversible error in the

district court’s determination that Mayberry failed to state a plausible claim for relief.

Accordingly, we affirm the district court’s order on that basis. Mayberry v. The Carlos

Mayberry Trust, No. 1:23-cv-02350-PX (D. Md., Sept. 18, 2023). 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

1 The district court’s order of dismissal without prejudice is a final, appealable order because the court did not grant Mayberry leave to amend. See Britt v. DeJoy,

45 F.4th 790, 796

(4th Cir. 2022) (en banc). 2 We deny Mayberry’s motion for an extension of time to file a formal opening brief.

2

Reference

Status
Unpublished