UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-7217
BANORO GARRETT,
Plaintiff - Appellant,
versus
DIVERSIFIED INDUSTRIAL CONCEPTS, INCORPORATED,
Defendant - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Raymond A. Jackson, District
Judge. (CA-04-426-2)
Submitted: March 28, 2005 Decided: April 15, 2005
Before LUTTIG, WILLIAMS, and MOTZ, Circuit Judges.
Vacated and remanded by unpublished per curiam opinion.
Banoro Garrett, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Banoro Garrett appeals the district court’s order
dismissing as frivolous his civil action filed under Title VII of
the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e - 2000e-17 (2000),
and construed as a 42 U.S.C. § 1983 (2000) action by the district
court. We have carefully reviewed the record and find no
indication that Garrett intended his action to be filed under 42
U.S.C. § 1983, or that it was appropriate to construe it as such.
Accordingly, we vacate the district court’s order and
remand for further proceedings consistent with a Title VII
complaint. We grant Garrett’s motion to proceed on appeal in forma
pauperis and deny his motion for appointment of counsel. 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.
VACATED AND REMANDED
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