UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-1888
VIVIAN MASON,
Plaintiff - Appellant,
versus
JOHN E. POTTER, Postmaster General, United
States Postal Service,
Defendant - Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Charleston. David C. Norton, District Judge.
(CA-02-3850)
Submitted: November 7, 2003 Decided: November 21, 2003
Before WIDENER, MOTZ, and KING, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Vivian Mason, Appellant Pro Se. Joseph Parkwood Griffith, Jr.,
OFFICE OF THE UNITED STATES ATTORNEY, Charleston, South Carolina,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Vivian Mason appeals the district court’s order accepting the
magistrate judge’s recommendation to dismiss Mason’s Title VII
complaint for failure to state a claim upon which relief can be
granted pursuant to Fed. R. Civ. P. 12(b)(6). We review a district
court’s dismissal for failure to state a claim de novo. Mylan
Labs., Inc. v. Matkari, 7 F.3d 1130, 1134 (4th Cir. 1993). We must
accept as true the facts alleged in the complaint, view them in the
light most favorable to the plaintiff, and recognize that dismissal
is inappropriate unless it appears beyond certainty that the
plaintiff would be entitled to no relief under any state of facts
that could be proved in support of the claim. Conley v. Gibson, 355
U.S. 41, 45-46 (1957). Liberally construing Mason’s complaint in
compliance with Haines v. Kerner, 404 U.S. 519, 520-21 (1972), we
find that she asserts conclusory allegations, unsupported by any
averment of facts. Thus, we find that the district court did not
err by dismissing Mason’s complaint for failure to state a claim
pursuant to Rule 12(b)(6). Accordingly, we affirm the district
court’s order. 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.
AFFIRMED
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