James Roberts v. Terry O'Brien, No. 08-7197 (4th Cir. 2009)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-7197 JAMES D. ROBERTS, Plaintiff - Appellant, v. TERRY O BRIEN, Warden, USP Lee County; D. WILSON,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 Dismissed by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit. 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). deny the motions declaratory dispense for judgment, with oral transcript and for argument at government judgment on because the the We expense, for pleadings and 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 2

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