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  • Fleming v. Potter, 4th Cir. (2005)

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    1) Marion Fleming appealed a district court order that dismissed his civil action against the Postmaster General under the Age Discrimination in Employment Act and the Rehabilitation Act of 1973. 2) The Fourth Circuit Court of Appeals denied Fleming's request to proceed in forma pauperis and dismissed the appeal. 3) The Fourth Circuit adopted the reasons for dismissal provided by the district court in its memorandum opinion.

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    Filed: 2005-12-21 Precedential Status: Non-Precedential Docket: 05-1802

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    1) Marion Fleming appealed a district court order that dismissed his civil action against the Postmaster General under the Age Discrimination in Employment Act and the Rehabilitation Act of 1973. 2) The Fourth Circuit Court of Appeals denied Fleming's request to proceed in forma pauperis and dismissed the appeal. 3) The Fourth Circuit adopted the reasons for dismissal provided by the district court in its memorandum opinion.

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    Public Domain
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    2 views2 pages

    Fleming v. Potter, 4th Cir. (2005)

    Uploaded by

    Scribd Government Docs
    1) Marion Fleming appealed a district court order that dismissed his civil action against the Postmaster General under the Age Discrimination in Employment Act and the Rehabilitation Act of 1973. 2) The Fourth Circuit Court of Appeals denied Fleming's request to proceed in forma pauperis and dismissed the appeal. 3) The Fourth Circuit adopted the reasons for dismissal provided by the district court in its memorandum opinion.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 05-1802

    MARION FLEMING,
    Plaintiff - Appellant,
    versus
    JOHN E. POTTER, Postmaster General, United
    States Postal Service,
    Defendant - Appellee.

    Appeal from the United States District Court for the Eastern
    District of Virginia, at Norfolk. Raymond A. Jackson, District
    Judge. (CA-04-444-2)

    Submitted:

    November 30, 2005

    Decided:

    December 21, 2005

    Before NIEMEYER, TRAXLER, and SHEDD, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Marion Fleming, Appellant Pro Se. Virginia Lynn Van Valkenburg,


    Assistant United States Attorney, Norfolk, Virginia, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Marion
    dismissing

    his

    Fleming
    civil

    appeals

    action

    the

    under

    the

    district
    Age

    courts

    order

    Discrimination

    in

    Employment Act, 29 U.S.C. 621 to 634 (2000) (ADEA) and the


    Rehabilitation Act of 1973, 29 U.S.C. 701 to 797 (2000) (the
    Rehabilitation Act).

    We deny Fleming leave to proceed in forma

    pauperis and dismiss the appeal for the reasons stated by the
    district court in its memorandum opinion.

    See Fleming v. Potter,

    No. CA-04-444-2 (E.D. Va. filed May 18, 2005; entered May 19,
    2005).

    We dispense with oral argument because the facts and legal

    contentions are adequately presented in the materials before the


    court and argument would not aid the decisional process.

    DISMISSED

    - 2 -

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