Christopher Bailey, IV v. Jan Smokowicz ( 2013 )


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  •                               UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 12-2255
    CHRISTOPHER C. BAILEY, IV,
    Plaintiff - Appellant,
    v.
    JAN SMOKOWICZ, City Attorney; TOM BARRET, Mayor,
    Defendants - Appellees.
    Appeal from the United States District Court for the Eastern
    District of Virginia, at Newport News.     Rebecca Beach Smith,
    Chief District Judge. (4:12-cv-00042-RBS-DEM)
    Submitted:   March 26, 2013                 Decided:   March 28, 2013
    Before DUNCAN, FLOYD, and THACKER, Circuit Judges.
    Affirmed by unpublished per curiam opinion.
    Christopher C. Bailey, IV, Appellant Pro        Se.   James Arthur
    Cales, III, FURNISS, DAVIS, RASHKIND &          SAUNDERS, Norfolk,
    Virginia, for Appellees.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Christopher        C.    Bailey,        IV,    appeals       the    district
    court’s    order     denying       his    motion     for    default      judgment      and
    granting    defendants’       motion       to    dismiss    his    
    42 U.S.C. § 1983
    (2006) complaint.        See Fed. R. Civ. P. 12(b)(2), (5), (6).                        We
    have     reviewed     the    record        and    find     no     reversible        error.
    Accordingly,       although    we        grant    leave    to      proceed     in   forma
    pauperis,    we     affirm    for    the    reasons       stated    by   the    district
    court.     Bailey v. Smokowicz, No. 4:12-cv-00042-RBS-DEM (E.D. Va.
    filed Sept. 13, 2012; entered Sept. 14, 2012).                       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
    2
    

Document Info

Docket Number: 12-2255

Filed Date: 3/28/2013

Precedential Status: Non-Precedential

Modified Date: 4/17/2021