Maechel Patterson v. George Solomon ( 2019 )


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  •                                      UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 18-7058
    MAECHEL SHAWN PATTERSON,
    Plaintiff - Appellant,
    v.
    GEORGE SOLOMON, Director of Prisons; STEVEN D. DERZEN, Classification
    Coordinator for N.C.D.P.S.; LORI WISHART, Superintendent of Programs/Victim
    Rights Coordinator; LT. TURNER,
    Defendants - Appellees.
    Appeal from the United States District Court for the Eastern District of North Carolina, at
    Raleigh. Louise W. Flanagan, District Judge. (5:17-ct-03167-FL)
    Submitted: January 31, 2019                                       Decided: March 14, 2019
    Before WILKINSON, DIAZ, and HARRIS, Circuit Judges.
    Affirmed by unpublished per curiam opinion.
    Maechel Shawn Patterson, Appellant Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Maechel Shawn Patterson appeals the district court’s order denying his Fed. R.
    Civ. P. 59(e) motion, which sought to vacate the district court’s judgment dismissing his
    
    42 U.S.C. § 1983
     (2012) action and to obtain leave to amend his complaint. We review
    for abuse of discretion a district court’s denial of a postjudgment motion for leave to
    amend. Adbul-Mumit v. Alexandria Hyundai, LLC, 
    896 F.3d 278
    , 291 (4th Cir.), cert.
    denied, 
    139 S. Ct. 607
     (2018). A conclusion that the district court abused its discretion in
    denying a motion to amend . . . is sufficient grounds on which to reverse the district
    court’s denial of a Rule 59(e) motion.” Mayfield v. Nat’l Ass’n for Stock Car Auto
    Racing, Inc., 
    674 F.3d 369
    , 378 (4th Cir. 2012) (internal quotation marks omitted). Thus,
    we “evaluate a postjudgment motion to amend the complaint under the same legal
    standard as a similar motion filed before judgment was entered—for prejudice, bad faith,
    or futility.” Katyle v. Penn Nat’l Gaming, Inc., 
    637 F.3d 462
    , 471 (4th Cir. 2011)
    (internal quotation marks omitted).      “Futility is apparent if the proposed amended
    complaint fails to state a claim under the applicable rules and accompanying standards.”
    Id.; see Ott v. Md. Dep’t of Pub. Safety & Corr. Servs., 
    909 F.3d 655
    , 658 (4th Cir. 2018)
    (discussing requirements to state claim for relief under Fed. R. Civ. P. 12(b)(6)).
    Initially, Patterson relies on Wagenknecht v. United States, 
    533 F.3d 412
     (6th Cir.
    2008), to argue that the district court should not have denied leave to amend sua sponte.
    However, unlike the appellant in Wagenknecht, Patterson filed his complaint in forma
    pauperis. Dismissal of an in forma pauperis complaint is required at any time the district
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    court determines that a complaint is frivolous or fails to state a claim for relief. See
    
    28 U.S.C. § 1915
    (e)(2) (2012).
    Turning to the merits of Patterson’s proposed amendment, we have thoroughly
    reviewed the record and discern no reversible error in the district court’s conclusion that
    amendment would have been futile, as Patterson’s proposed claim failed to state a claim
    for relief. Accordingly, we affirm substantially for the reasons stated by the district
    court. See Patterson v. Solomon, No. 5:17-ct-03167-FL (E.D.N.C. Aug. 15, 2018). We
    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
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