U.S. Court of Appeals for the Fourth Circuit, 2025

Evelyn Benton v. Berkshire Richmond LLC

Evelyn Benton v. Berkshire Richmond LLC
U.S. Court of Appeals for the Fourth Circuit · Decided August 15, 2025

Evelyn Benton v. Berkshire Richmond LLC

Opinion

USCA4 Appeal: 24-2122 Doc: 13 Filed: 08/15/2025 Pg: 1 of 2

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 24-2122

EVELYN R. BENTON, Plaintiff - Appellant, v. BERKSHIRE RICHMOND LLC, Defendant - Appellee.

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Roderick Charles Young, District Judge. (3:23-cv-00704-RCY)

Submitted: July 30, 2025 Decided: August 15, 2025

Before NIEMEYER and AGEE, Circuit Judges, and FLOYD, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Evelyn R. Benton, Appellant Pro Se. Jason Richard Waters, WILSON ELSER MOSKOWITZ EDELMAN & DICKER LLP, McLean, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

USCA4 Appeal: 24-2122 Doc: 13 Filed: 08/15/2025 Pg: 2 of 2

PER CURIAM: Evelyn R. Benton appeals the district court’s order granting Appellee’s Fed. R. Civ. P. 12(b)(6) motion to dismiss her complaint, in which she alleged a violation of the Residential Lead-Based Paint Hazard Reduction Act, 42 U.S.C. § 4851-4856, and the court’s order denying her Fed. R. Civ. P. 59(e) motion to reconsider. We have reviewed the record and find no reversible error. Accordingly, we affirm the district court’s orders.

Benton v. Berkshire Richmond LLC, No. 3:23-cv-00704-RCY (E.D. Va. Sep. 11, 2024; Nov. 5, 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

Case-law data current through December 31, 2025. Source: CourtListener bulk data.