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  • Woody v. State of North Carolina, 4th Cir. (2008)

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    Andre Lamar Woody appealed the district court's dismissal of his 42 U.S.C. § 1983 complaint against the State of North Carolina and others without prejudice. The United States Court of Appeals for the Fourth Circuit reviewed the record and found Woody's appeal to be frivolous. The Court dismissed the appeal for the reasons stated by the district court, which had dismissed the complaint under 28 U.S.C. § 1915(e)(2)(B). The Court also denied Woody's request for mandamus relief.

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    Filed: 2008-04-17 Precedential Status: Non-Precedential Docket: 07-7693

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    Andre Lamar Woody appealed the district court's dismissal of his 42 U.S.C. § 1983 complaint against the State of North Carolina and others without prejudice. The United States Court of Appeals for the Fourth Circuit reviewed the record and found Woody's appeal to be frivolous. The Court dismissed the appeal for the reasons stated by the district court, which had dismissed the complaint under 28 U.S.C. § 1915(e)(2)(B). The Court also denied Woody's request for mandamus relief.

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    4 views2 pages

    Woody v. State of North Carolina, 4th Cir. (2008)

    Uploaded by

    Scribd Government Docs
    Andre Lamar Woody appealed the district court's dismissal of his 42 U.S.C. § 1983 complaint against the State of North Carolina and others without prejudice. The United States Court of Appeals for the Fourth Circuit reviewed the record and found Woody's appeal to be frivolous. The Court dismissed the appeal for the reasons stated by the district court, which had dismissed the complaint under 28 U.S.C. § 1915(e)(2)(B). The Court also denied Woody's request for mandamus relief.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 07-7693

    ANDRE LAMAR WOODY,


    similarly situated,

    on

    behalf

    of

    himself

    and

    all

    others

    Plaintiff - Appellant,
    v.
    STATE OF NORTH CAROLINA; MIKE F. EASLEY; LEXIS PUBLISHING;
    NANCY S. NASH,
    Defendants - Appellees.

    Appeal from the United States District Court for the Eastern
    District of North Carolina, at Elizabeth City. James C. Dever III,
    District Judge. (2:07-cv-00032-D)

    Submitted:

    March 20, 2008

    Decided:

    April 17, 2008

    Before GREGORY and SHEDD, Circuit Judges, and WILKINS, Senior


    Circuit Judge.

    Dismissed by unpublished per curiam opinion.

    Andre Lamar Woody, Appellant Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Andre Lamar Woody appeals the district courts orders
    dismissing his 42 U.S.C. 1983 (2000) complaint without prejudice
    under 28 U.S.C. 1915(e)(2)(B) (2000) and denying reconsideration.
    We have reviewed the record and find that this appeal is frivolous.
    Accordingly, we dismiss the appeal for the reasons stated by the
    district court.* See Woody v. North Carolina, No. 2:07-cv-00032-D)
    (E.D.N.C Oct. 3 and Nov. 9, 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.
    DISMISSED

    We also deny Woodys request for mandamus relief.


    2

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