Powell v. Keller

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 07-7780 FLOYD JUNIOR POWELL, Plaintiff - Appellant, v. LIEUTENANT TONY A. KELLER; JORGE SOSA; JASON COY REID; TIMOTHY JAMES BREWER; LARRY WATERS; WILLIAM A. BRAFFORD; GRETCHEN C. F. SHAPPERT; JUDGE RICHARD L. VOORHEES; MAGISTRATE JUDGE CARL HORN; GREGORY A. FOREST; JAYME MILLER; UNITED STATES MARSHALS SERVICE; CATAWBA COUNTY; SHERIFF OF CATAWBA COUNTY; CATAWBA COUNTY SHERIFF'S DEPARTMENT; COLDWELL BANKER; BOYD HASSELL INDUSTRIAL COMMERCIAL PROPERTIES; ELVALORIE MATTHEWS; RICHARD MCDONNELL; MARK T. CALLOWAY; NEWTON POLICE DEPARTMENT; CONOVER POLICE DEPARTMENT, Defendants - Appellees. Appeal from the United States District Court for the Western District of North Carolina, at Statesville. Graham C. Mullen, Senior District Judge. (5:07-cv-00121-GCM) Submitted: April 3, 2008 Decided: April 22, 2008 Before NIEMEYER, KING, and DUNCAN, Circuit Judges. Dismissed by unpublished per curiam opinion. Floyd Junior Powell, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. - 2 - PER CURIAM: Floyd Junior Powell appeals the district court’s order dismissing under 28 U.S.C. § 1915A(b) (2000) 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. See Powell v. Keller, No. 5:07-cv-00121-GCM (W.D.N.C. Nov. 15, 2007). 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 - 3 -