Daniel Phoenix v. Mark Herring

USCA4 Appeal: 23-6549 Doc: 11 Filed: 09/01/2023 Pg: 1 of 2
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 23-6549
DANIEL W. PHOENIX, a/k/a Daniel W. Jamison,
Plaintiff - Appellant,
v.
MARK HERRING, Former Attorney General of Virginia, individual capacity;
RICHARD VORHIS, Senior Assistant Attorney General, Criminal Justice Division
of VA, individual capacity; STACIE A. SESSOMS, Assistant Attorney General of
VA, individual capacity,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern District of Virginia, at
Richmond. M. Hannah Lauck, District Judge. (3:22-cv-00360-MHL-MRC)
Submitted: August 29, 2023 Decided: September 1, 2023
Before KING, AGEE, and BENJAMIN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Daniel W. Phoenix, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
USCA4 Appeal: 23-6549 Doc: 11 Filed: 09/01/2023 Pg: 2 of 2
PER CURIAM:
Daniel W. Phoenix appeals the district court’s order dismissing his 42 U.S.C. § 1983complaint as frivolous under 28 U.S.C. § 1915A(b). We have reviewed the record and find
no reversible error. Accordingly, we affirm the district court’s order. * Jamison v. Herring,
No. 3:22-cv-00360-MHL-MRC (E.D. Va. May 25, 2023). 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
*
Because we affirm the district court’s frivolousness finding, we need not reach the
court’s alternative determination that Phoenix’s action was malicious.
2