Quindell Mercer v. Frank Bishop, Jr. , 588 F. App'x 229 ( 2014 )


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  •                             UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 14-7224
    QUINDELL MERCER,
    Plaintiff - Appellant,
    v.
    WARDEN FRANK BISHOP, JR.,
    Defendant - Appellee.
    Appeal from the United States District Court for the District of
    Maryland, at Baltimore. George L. Russell, III, District Judge.
    (1:14-cv-02181-GLR)
    Submitted:   December 15, 2014            Decided:   December 18, 2014
    Before SHEDD and THACKER, Circuit Judges, and HAMILTON, Senior
    Circuit Judge.
    Affirmed by unpublished per curiam opinion.
    Quindell Mercer, Appellant Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Quindell    Mercer       appeals      the    district       court’s    order
    dismissing his 42 U.S.C. § 1983 (2012) action under 28 U.S.C.
    § 1915(e)(2)(B)(ii) (2012) and its order denying his Fed. R.
    Civ. P. 59(e) motion and dismissing his motion seeking leave to
    amend his complaint.            We have reviewed the record and find no
    reversible     error     in     the   district         court’s    order       dismissing
    Mercer’s action and its ruling denying his Rule 59(e) motion.
    Accordingly, we affirm for the reasons stated by the district
    court.    Mercer v. Bishop, No. 1:14-cv-02181-GLR (D. Md. July 25
    & Aug. 6, 2014).
    With respect to the district court’s ruling dismissing
    Mercer’s motion seeking leave to amend, we affirm it on the
    ground that the proposed amendment was futile.                           See Laber v.
    Harvey,   
    438 F.3d 404
    ,    426       (4th     Cir.    2006)     (en     banc).
    Accordingly, we affirm the district court’s judgment.                            We deny
    Mercer’s motions to appoint counsel and for the United States
    Marshal   to    effect    service       and      dispense       with   oral      argument
    because the facts and legal contentions are adequately presented
    in the materials before this court and argument would not aid
    the decisional process.
    AFFIRMED
    2
    

Document Info

Docket Number: 14-7224

Citation Numbers: 588 F. App'x 229

Judges: Shedd, Thacker, Hamilton

Filed Date: 12/18/2014

Precedential Status: Non-Precedential

Modified Date: 11/6/2024