Somchai Noonsab v. Nc Government

16-7005Court of Appeals for the Fourth Circuit18.10.2016

Gesamter Gesetzestext

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-7005
SOMCHAI NOONSAB,
Plaintiff - Appellant,
v.
NC GOVERNMENT; W. BROWN; STEPHEN M. RUSSELL, SR.; MELANIE A.
SHEKITA; MAGISTRATE E. RAY BRIGGS; PAUL G. GESSNER; MICHAEL
G. HOWELL; PAUL C. RIDEWOY; DANIEL HORN, Clerk of Court;
TERRI STEWART; ROY COOPER; MR. HOCKEY; CHRISTINA CAMERON
ROEDEO; GOVERNMENT OFFICIALS AND MORE LAW ENFORCEMENT
OFFICERS, LAWYERS AND JUDGES IN SAID CASES,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. Louise W. Flanagan,
District Judge. (5:16-ct-03122-FL)
Submitted: October 13, 2016 Decided: October 18, 2016
Before NIEMEYER, DUNCAN, and WYNN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Somchai Noonsab, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Somchai Noonsab appeals the district court’s order
dismissing without prejudice∗ his 42 U.S.C. § 1983 (2012)
complaint as duplicative. We have reviewed the record and find
no reversible error. Accordingly, we affirm for the reasons
stated by the district court. Noonsab v. NC Gov’t, No. 5:16-ct-
03122-FL (E.D.N.C. July 8, 2016). We deny Noonsab’s motion for
a certificate of appealability as unnecessary. 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 in the decisional process.
AFFIRMED
∗ We conclude this is a final appealable order because
Noonsab may not amend his complaint to cure the defect. See
Goode v. Cent. Va. Legal Aid Soc’y, Inc., 807 F.3d 619, 629-30
(4th Cir. 2015) (holding that dismissal without prejudice is not
appealable unless “the district court’s grounds for dismissal
clearly indicate that no amendment could cure the complaint’s
defects”).

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