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  • Ballenger v. Norton, 4th Cir. (2007)

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    Stanley Ballenger appealed a district court order that dismissed his 42 U.S.C. § 1983 complaint without prejudice under 28 U.S.C. § 1915A. The district court also denied Ballenger's motions for discovery and appointment of counsel as moot and deemed the case a "strike" under 28 U.S.C. § 1915(g). The appeals court reviewed the record and affirmed the district court's order for the reasons stated in the lower court's opinion. The appeals court dispensed with oral argument, finding the facts and legal issues were adequately presented.

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    Filed: 2007-08-30 Precedential Status: Non-Precedential Docket: 07-6928

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    Stanley Ballenger appealed a district court order that dismissed his 42 U.S.C. § 1983 complaint without prejudice under 28 U.S.C. § 1915A. The district court also denied Ballenger's motions for discovery and appointment of counsel as moot and deemed the case a "strike" under 28 U.S.C. § 1915(g). The appeals court reviewed the record and affirmed the district court's order for the reasons stated in the lower court's opinion. The appeals court dispensed with oral argument, finding the facts and legal issues were adequately presented.

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    3 views2 pages

    Ballenger v. Norton, 4th Cir. (2007)

    Uploaded by

    Scribd Government Docs
    Stanley Ballenger appealed a district court order that dismissed his 42 U.S.C. § 1983 complaint without prejudice under 28 U.S.C. § 1915A. The district court also denied Ballenger's motions for discovery and appointment of counsel as moot and deemed the case a "strike" under 28 U.S.C. § 1915(g). The appeals court reviewed the record and affirmed the district court's order for the reasons stated in the lower court's opinion. The appeals court dispensed with oral argument, finding the facts and legal issues were adequately presented.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 07-6928

    STANLEY M.
    Ballenger,

    BALLENGER,

    a/k/a

    Stanley

    Mark
    Plaintiff - Appellant,

    versus
    BRADLEY A. NORTON, Oconee County Attorney;
    SALLIE C. SMITH, Clerk of Court in Oconee
    County; DANIEL E. GRIGG, Attorney at Law,
    Defendants - Appellees.

    Appeal from the United States District Court for the District of
    South Carolina, at Greenville. R. Bryan Harwell, District Judge.
    (6:06-cv-03349-RBH)

    Submitted:

    August 23, 2007

    Decided:

    August 30, 2007

    Before WILLIAMS, Chief Judge, and WILKINS and HAMILTON, Senior


    Circuit Judges.

    Affirmed by unpublished per curiam opinion.

    Stanley M. Ballenger, Appellant Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Stanley M. Ballenger appeals the district courts order
    accepting the recommendation of the magistrate judge and dismissing
    under 28 U.S.C. 1915A (2000) his complaint filed pursuant to 42
    U.S.C. 1983 (2000) without prejudice, denying Ballengers motions
    for discovery and for appointment of counsel as moot, and deeming
    this case a strike under 28 U.S.C. 1915(g).
    the record and find no reversible error.

    We have reviewed

    Accordingly, we affirm

    for the reasons stated by the district court. Ballenger v. Norton,


    No. 6:06-3349-RBH (D.S.C. May 16, 2007).

    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.

    AFFIRMED

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