Douglas Silver v. Kim Scott

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 19-6787
DOUGLAS E. SILVER,
Plaintiff - Appellant,
v.
KIM SCOTT, Asst. District Attorney; RENA SPELLMAN, Asst. District Attorney,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern District of North Carolina, at
Raleigh. Louise W. Flanagan, District Judge. (5:18-ct-03219-FL)
Submitted: July 16, 2019 Decided: July 19, 2019
Before MOTZ, WYNN, and DIAZ, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Douglas E. Silver, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Douglas E. Silver appeals the district court’s order dismissing his 42 U.S.C.
§ 1983 (2012) complaint pursuant to 28 U.S.C. § 1915(e)(2)(B) (2012). We have
reviewed the record and find no reversible error. See Kerr v. Marshall Univ. Bd. of
Governors, 824 F.3d 62, 75 n.13 (4th Cir. 2016) (“[W]e may affirm on any grounds
supported by the record, notwithstanding the reasoning of the district court[.]”). Silver’s
claims against Appellees, both North Carolina state prosecutors, in their individual
capacities are barred by absolute prosecutorial immunity. See Safar v. Tingle, 859 F.3d
241, 248-49 (4th Cir. 2017). Silver’s claims against Appellees in their official capacities
are barred by sovereign immunity. See Nivens v. Gilchrist, 444 F.3d 237, 249 (4th Cir.
2006). Accordingly, we affirm the district court’s judgment. 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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