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  • Boone v. Lee, 4th Cir. (2004)

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    Sterling Boone appealed the district court's denial of relief on his 42 U.S.C. § 1983 complaint under 28 U.S.C. § 1915(e)(2)(B). The Fourth Circuit Court of Appeals reviewed the record and found Boone's appeal to be frivolous. The court denied Boone's motion to proceed in forma pauperis and dismissed the appeal, agreeing with the reasoning of the district court that denied Boone's complaint.

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    Filed: 2004-02-26 Precedential Status: Non-Precedential Docket: 03-7710

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    Sterling Boone appealed the district court's denial of relief on his 42 U.S.C. § 1983 complaint under 28 U.S.C. § 1915(e)(2)(B). The Fourth Circuit Court of Appeals reviewed the record and found Boone's appeal to be frivolous. The court denied Boone's motion to proceed in forma pauperis and dismissed the appeal, agreeing with the reasoning of the district court that denied Boone's complaint.

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    6 views2 pages

    Boone v. Lee, 4th Cir. (2004)

    Uploaded by

    Scribd Government Docs
    Sterling Boone appealed the district court's denial of relief on his 42 U.S.C. § 1983 complaint under 28 U.S.C. § 1915(e)(2)(B). The Fourth Circuit Court of Appeals reviewed the record and found Boone's appeal to be frivolous. The court denied Boone's motion to proceed in forma pauperis and dismissed the appeal, agreeing with the reasoning of the district court that denied Boone's complaint.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 03-7710

    STERLING BOONE,
    Plaintiff - Appellant,
    versus
    RANDY LEE, Superintendent; WILLIAM MAYO,
    Sargeant; JEFF BATTLE; LENWOOD KNIGHT; RICKY
    ANDERSON,
    Defendants - Appellees.

    Appeal from the United States District Court for the Eastern
    District of North Carolina, at Raleigh.
    Louise W. Flanagan,
    District Judge. (CA-03-722-5-FL)

    Submitted: February 19, 2004

    Decided:

    February 26, 2004

    Before NIEMEYER, GREGORY, and SHEDD, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Sterling Boone, Appellant Pro Se.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Sterling Boone appeals the district courts order denying
    relief on his 42 U.S.C. 1983 (2000) complaint under 28 U.S.C.
    1915(e)(2)(B) (2000).

    We have reviewed the record and find that

    this appeal is frivolous.

    Accordingly, we deny Boones motion to

    proceed on appeal in forma pauperis and dismiss the appeal on the


    reasoning of the district court.

    See Boone v. Lee, No. CA-03-722-

    5-FL (E.D.N.C. Oct. 8, 2003).

    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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