Earl Brown v. Sears Automotive Center, No. 09-1302 (4th Cir. 2009)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-1302 EARL BROWN, Plaintiff Appellant, v. SEARS AUTOMOTIVE CENTER, and/or; SEARS ROEBUCK AND CO., Defendants Appellees. Appeal from the United States District Court for the Middle District of North Carolina, at Durham. James A. Beaty, Jr., Chief District Judge. (1:08-cv-00690-JAB-PTS; 1:01-cv-00067JAB) Submitted: June 22, 2009 Before TRAXLER, Judges. Chief Judge, Decided: and MICHAEL and July 15, 2009 SHEDD, Circuit Affirmed by unpublished per curiam opinion. Earl Brown, Appellant Pro Se. John Doughty Cole, Sr., OGLETREE, DEAKINS, NASH, SMOAK & STEWART, PC, Charlotte, North Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Earl accepting the Brown appeals recommendation the of district the court s magistrate judge order and dismissing his civil action as frivolous pursuant to 28 U.S.C. § 1915(e)(2)(B) (2006). reversible error. Accordingly, we affirm for the reasons stated by the district court. 1:08-cv-00690-JAB-PTS; 2009). dispense We have reviewed the record and find no Brown v. Sears Automotive Center, Nos. 1:01-cv-00067-JAB (M.D.N.C. Feb. 10, Although we grant leave to proceed in forma pauperis, we 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 2

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