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  • Wambach v. NC Dept of Revenue, 4th Cir. (2002)

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    Freddy Wambach, a North Carolina inmate, appealed the district court's dismissal of his §1983 complaint against the North Carolina Department of Revenue and state officials. The district court dismissed the complaint under 28 U.S.C. §1915(e)(2)(B) for failure to state a claim. The Fourth Circuit reviewed the record and found the appeal frivolous, dismissing it based on the reasoning of the district court. The unpublished opinion is not binding precedent.

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    Filed: 2002-08-02 Precedential Status: Non-Precedential Docket: 02-6849

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    Freddy Wambach, a North Carolina inmate, appealed the district court's dismissal of his §1983 complaint against the North Carolina Department of Revenue and state officials. The district court dismissed the complaint under 28 U.S.C. §1915(e)(2)(B) for failure to state a claim. The Fourth Circuit reviewed the record and found the appeal frivolous, dismissing it based on the reasoning of the district court. The unpublished opinion is not binding precedent.

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    Public Domain
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    9 views2 pages

    Wambach v. NC Dept of Revenue, 4th Cir. (2002)

    Uploaded by

    Scribd Government Docs
    Freddy Wambach, a North Carolina inmate, appealed the district court's dismissal of his §1983 complaint against the North Carolina Department of Revenue and state officials. The district court dismissed the complaint under 28 U.S.C. §1915(e)(2)(B) for failure to state a claim. The Fourth Circuit reviewed the record and found the appeal frivolous, dismissing it based on the reasoning of the district court. The unpublished opinion is not binding precedent.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 02-6849

    FREDDY L. WAMBACH,
    Plaintiff - Appellant,
    versus
    NORTH CAROLINA DEPARTMENT OF REVENUE; MICHAEL
    F. EASLEY; ROY COOPER,
    Defendants - Appellees.

    Appeal from the United States District


    District of North Carolina, at Durham.
    District Judge. (CA-01-972-1)

    Submitted:

    July 25, 2002

    Court for the Middle


    James A. Beaty, Jr.,

    Decided:

    August 2, 2002

    Before WILKINS, MOTZ, and TRAXLER, Circuit Judges.

    Dismissed by unpublished per curiam opinion.


    Freddy L. Wambach, Appellant Pro Se.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Freddy L. Wambach, a North Carolina inmate, appeals the
    district courts order dismissing his 42 U.S.C.A. 1983 (West
    Supp. 2002) complaint under 28 U.S.C.A. 1915(e)(2)(B) (West Supp.
    2002). We have reviewed the record and the district courts opinion
    accepting the magistrate judges recommendation and find that this
    appeal is frivolous.

    Accordingly, we dismiss the appeal on the

    reasoning of the district court.

    See Wambach v. North Carolina

    Dept of Revenue, No. CA-01-972-1 (M.D.N.C. May 1, 2002).

    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

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