Bennie A. Mack, Jr. v. Carl R. Fox, in his individual capacity

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-6078
BENNIE A. MACK, JR.,
Plaintiff – Appellant,
v.
CARL R. FOX, in his individual capacity and in his official
capacity as Resident Superior Court Judge for the 15B
Judicial District of North Carolina; JAMES WOODALL, in his
individual capacity and in his official capacity as
District Attorney for the 15B Prosecutorial District of
North Carolina; KENNETH C. TITUS, in his individual
capacity and in his official capacity as a Superior Court
Judge with the State of North Carolina; JOSEPH MOODY
BUCKNER, in his individual capacity and in his official
capacity as District Court Judge for the 15B Prosecutorial
District of North Carolina; RIPLEY RAND, in his individual
capacity and in his official capacity as a Superior Court
Judge within the State of North Carolina, North Carolina
State Bureau of Investigation; KEVIN SNEAD, in his
individual capacity and in his official capacity as a
special agent for the North Carolina State Bureau of
Investigation; ORANGE COUNTY NORTH CAROLINA MAGISTRATE'S
OFFICE, Orange County, North Carolina; REX FREDERICKS, in
his individual capacity and in his official capacity as an
Orange County Magistrate; LOY LONG, in his individual
capacity and in his official capacity as an Orange County
Magistrate; GERALD R. KOELLING, in his individual capacity
and in his official capacity as an Orange County
Magistrate; LUCIOUS CHESHIRE, in his individual capacity
and in his official capacity as an Orange County
Magistrate; JAMES C. STANFORD, in his individual capacity
and in his official capacity as the Orange County, North
Carolina Clerk of Superior Court; ANAND P. RAMASWAMY, in
his individual capacity and in his official capacity as
Assistant District Attorney for the 15B Prosecutorial
District of North Carolina; MOSES CAREY, JR., in his
individual capacity and in his official capacity as

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Chairman of Orange County Commissioners; ALLEN BADDOUR, in
his individual capacity and in his official capacity as
Resident Superior Court Judge in the 15B Judicial District
of North Carolina; ORANGE COUNTY NORTH CAROLINA,
Defendants – Appellees.
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro. N. Carlton Tilley,
Jr., Senior District Judge. (1:07-cv-00760-NCT-WWD)
Submitted: May 28, 2009 Decided: June 8, 2009
Before WILKINSON, KING, and GREGORY, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Bennie A. Mack Jr., Appellant Pro Se. Grady L. Balentine, Jr.,
Special Deputy Attorney, Raleigh, North Carolina, Gerald Patrick
Murphy, Assistant Attorney General, Raleigh, North Carolina,
James R. Morgan, Jr., Robert T. Numbers, II, WOMBLE, CARLYLE,
SANDRIDGE & RICE, PLLC, Winston-Salem, North Carolina, for
Appellees.
Unpublished opinions are not binding precedent in this circuit.
2

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3
PER CURIAM:
Bennie A. Mack, Jr., appeals the district court’s
order accepting the recommendation of the magistrate judge and
dismissing his 42 U.S.C. § 1983 (2006) complaint under 28 U.S.C.
§ 1915(e)(2)(B) (2006). We have reviewed the record and find no
reversible error. Accordingly, we deny leave to proceed in
forma pauperis and dismiss the appeal for the reasons stated by
the district court. Mack v. Fox, No. 1:07-cv-00760-NCT-WDD
(M.D.N.C. Dec. 10, 2008). We 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.
DISMISSED

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