Russell Vickery v. Timothy Cain ( 2024 )

USCA4 Appeal: 24-6404 Doc: 10 Filed: 11/18/2024 Pg: 1 of 2
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 24-6404
RUSSELL GORDON VICKERY,
Petitioner - Appellant,
v.
TIMOTHY M. CAIN,
Respondent - Appellee.
Appeal from the United States District Court for the District of South Carolina, at Aiken.
Donald C. Coggins, Jr., District Judge. (1:24-cv-01165-DCC)
Submitted: November 14, 2024 Decided: November 18, 2024
Before THACKER and HARRIS, Circuit Judges, and KEENAN, Senior Circuit Judge.
Affirmed by unpublished per curiam opinion.
Russell Gordon Vickery, Petitioner.
Unpublished opinions are not binding precedent in this circuit.
USCA4 Appeal: 24-6404 Doc: 10 Filed: 11/18/2024 Pg: 2 of 2
PER CURIAM:
Russell Gordon Vickery appeals the district court’s order accepting the
recommendation of the magistrate judge and dismissing without prejudice his petition for
a writ of mandamus as frivolous pursuant to 28 U.S.C. § 1915(e)(2)(B). ∗ We have
reviewed the record and discern no reversible error. Accordingly, we affirm the district
court’s order and deny as unnecessary Vickery’s request for a certificate of appealability.
Vickery v. Cain, No. 1:24-cv-01165-DCC (D.S.C. Apr. 16, 2024). 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
∗
The district court’s order of dismissal without prejudice is a final, appealable order
because the court did not grant Vickery leave to amend. See Britt v. DeJoy, 45 F.4th 790,
796 (4th Cir. 2022) (en banc).
2