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08-7197•James D. Roberts v. TERRY O’BRIEN, Warden, USP Lee County; D. WILSON, Captain
08-7197Court of Appeals for the Fourth CircuitJul 8, 2009
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-7197
JAMES D. ROBERTS,
Plaintiff - Appellant,
v.
TERRY O’BRIEN, Warden, USP Lee County; D. WILSON, Captain,
Defendants - Appellees.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. Jackson L. Kiser, Senior
District Judge. (7:08-cv-00372-jlk-mfu)
Submitted: June 12, 2009 Decided: July 8, 2009
Before MICHAEL, TRAXLER, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
James D. Roberts, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
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2
PER CURIAM:
James D. Roberts appeals the district court’s order
dismissing under 28 U.S.C. § 1915A(b) (2006) his complaint filed
pursuant to Bivens v. Six Unknown Named Agents of Fed. Bureau of
Narcotics, 403 U.S. 388 (1971). We have reviewed the record and
find that this appeal is frivolous. Accordingly, we dismiss the
appeal for the reasons stated by the district court. Roberts v.
O’Brien, No. 7:08-cv-00372-jlk-mfu (W.D. Va. July 7, 2008). We
deny the motions for transcript at government expense, for
declaratory judgment, and for judgment on the pleadings 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. The
motion to expedite is denied as moot.
DISMISSED
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