Francis Akinro v. State of Maryland

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-2405
FRANCIS AKINRO,
Plaintiff - Appellant,
versus
STATE OF MARYLAND,
Defendant - Appellee.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. Catherine C. Blake, District Judge. (CA-
01-1607-CCB)
Submitted: June 19, 2002 Decided: July 8, 2002
Before NIEMEYER and LUTTIG, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed as modified by unpublished per curiam opinion.
Francis Akinro, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Francis Akinro appeals the district court’s order denying
reconsideration of its sua sponte dismissal of his civil complaint
pursuant to 28 U.S.C.A. § 1915(e) (West Supp. 2002). Although
§ 1915(e) did not apply because Akinro did not proceed in forma
pauperis, we find that the district court did not have subject
matter jurisdiction over the complaint. Fed. R. Civ. P. 12(h)(3);
see Hagans v. Lavine, 415 U.S. 528, 537-38 (1974).
We accordingly affirm as modified to reflect dismissal under
Fed. R. Civ. P. 12(h)(3). We deny Akinro’s motions for oral
argument and general relief, and dispense with oral argument
because the facts and legal contentions are adequately presented in
the materials before the court and argument would not aid the
decisional process.
AFFIRMED AS MODIFIED

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