Linda Evans v. Pitt County Dep't of Social Services ( 2015 )


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  •                               UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 15-1528
    LINDA A. EVANS,
    Plaintiff – Appellant,
    v.
    PITT COUNTY DEPARTMENT OF SOCIAL SERVICES; GEORGE L. PERRY,
    Director of Pitt County Social Services in his official
    capacity; APRIL HANNING, in her individual capacity;
    CYNTHIA M. ROSS, in her individual capacity; LINDA MARTIN
    CURTIS, in her individual capacity; LINDA MILLION, in her
    individual capacity,
    Defendants - Appellees.
    Appeal from the United States District Court for the Eastern
    District of North Carolina, at Greenville. Louise W. Flanagan,
    District Judge. (4:12-cv-00226-FL)
    Submitted:   September 29, 2015               Decided:   October 2, 2015
    Before WILKINSON and      DUNCAN,   Circuit    Judges,   and   HAMILTON,
    Senior Circuit Judge.
    Affirmed by unpublished per curiam opinion.
    Linda A. Evans, Appellant Pro Se. Scott Christopher Hart,
    SUMRELL, SUGG, CARMICHAEL, HICKS & HART, PA, New Bern, North
    Carolina, for Appellees. Linda Martin Curtis, Appellee Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Linda A. Evans filed a complaint against the Pitt County
    Department      of    Social     Services       (“DSS”),    George    Perry,    April
    Hanning, Cynthia Ross, Linda Million, and Linda Curtis alleging
    claims pursuant to 42 U.S.C. § 1983 (2012) and under state law.
    The district court accepted the recommendation of the magistrate
    judge and dismissed all of Evans’ claims against DSS, Perry,
    Ross, and Million except her claims of procedural due process
    violations. *        The court later granted summary judgment in favor
    of Curtis on Evans’ remaining claims.                      We have reviewed the
    record and find no reversible error.                  Accordingly, although we
    grant leave to proceed in forma pauperis, we affirm the district
    court’s   orders.        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
    * On Perry, Ross, and Million’s previous appeal of the
    district court’s interlocutory order denying them absolute
    immunity   from  Evans’   claims   of   procedural   due   process
    violations, we vacated the portion of the district court’s order
    allowing   those  claims   to  go   forward  and   remanded   with
    instructions to dismiss those claims.          Those issues are
    therefore not before this court in the current appeal.
    2
    

Document Info

Docket Number: 15-1528

Judges: Wilkinson, Duncan, Hamilton

Filed Date: 10/2/2015

Precedential Status: Non-Precedential

Modified Date: 11/6/2024