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  • Middleton v. United States, 4th Cir. (2011)

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    Evelyn Middleton appealed a district court's dismissal of her 28 U.S.C. § 2042 action against the United States and Department of Treasury for failure to state a claim. The 4th Circuit Court of Appeals affirmed the district court's dismissal, finding no reversible error. The appeals court dispensed with oral argument as the facts and legal issues were adequately presented in the case materials.

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    Filed: 2011-01-25 Precedential Status: Non-Precedential Docket: 10-1978

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    Evelyn Middleton appealed a district court's dismissal of her 28 U.S.C. § 2042 action against the United States and Department of Treasury for failure to state a claim. The 4th Circuit Court of Appeals affirmed the district court's dismissal, finding no reversible error. The appeals court dispensed with oral argument as the facts and legal issues were adequately presented in the case materials.

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    Public Domain
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    1 views2 pages

    Middleton v. United States, 4th Cir. (2011)

    Uploaded by

    Scribd Government Docs
    Evelyn Middleton appealed a district court's dismissal of her 28 U.S.C. § 2042 action against the United States and Department of Treasury for failure to state a claim. The 4th Circuit Court of Appeals affirmed the district court's dismissal, finding no reversible error. The appeals court dispensed with oral argument as the facts and legal issues were adequately presented in the case materials.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT
    No. 10-1978
    EVELYN L. MIDDLETON,
    Plaintiff - Appellant,
    v.
    UNITED STATES OF AMERICA; DEPARTMENT OF TREASURY,
    Defendants - Appellees.

    Appeal from the United States District Court for the Eastern
    District of Virginia, at Newport News.
    Jerome B. Friedman,
    District Judge. (4:10-cv-00088-JBF-FBS)
    Submitted:

    January 18, 2011

    Decided:

    January 25, 2011

    Before NIEMEYER, DUNCAN, and AGEE, Circuit Judges.


    Affirmed by unpublished per curiam opinion.
    Evelyn L. Middleton, Appellant Pro
    Assistant United States Attorney,
    Appellees.

    Se.
    Susan Lynn Watt,
    Norfolk, Virginia, for

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Evelyn Middleton appeals the district courts order
    dismissing her 28 U.S.C. 2042 (2006) action for failure to
    state

    claim

    upon

    which

    relief

    may

    be

    granted.

    reviewed the record and find no reversible error.

    We

    have

    Accordingly,

    we affirm for the reasons stated by the district court.

    See

    Middleton v. United States, No. 4:10-cv-00088-JBF-FBS (E.D. Va.


    Aug. 19, 2010).
    facts

    and

    materials

    legal
    before

    We dispense with oral argument because the


    contentions
    the

    court

    are

    adequately

    and

    argument

    presented

    would

    not

    in

    the

    aid

    the

    decisional process.
    AFFIRMED

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