Wesley Smith, III v. Commonwealth of Virginia, No. 09-1902 (4th Cir. 2009)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-1902 WESLEY EDWARD SMITH, III, Plaintiff Appellant, v. COMMONWEALTH OF VIRGINIA, et al.; TIM KAINE, Governor; J. KIRK DE COURCEY SHOWALTER; VIRGINIA STATE BOARD OF ELECTIONS; JAMES VAN INGOLD; ROBERT A. DYBING, Defendants Appellees. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Robert E. Payne, Senior District Judge. (3:08-cv-00800-REP) Submitted: November 17, 2009 Decided: December 1, 2009 Before MICHAEL, SHEDD, and DUNCAN, Circuit Judges. Affirmed by unpublished per curiam opinion. Wesley Edward Smith, III, Appellant Pro Se. Stephen Michael Hall, Assistant Attorney General, Richmond, Virginia; Robert A. Dybing, John Adrian Gibney, Jr., THOMPSON MCMULLAN PC, Richmond, Virginia, for Appellees. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Wesley Edward Smith, III, appeals the district court s order dismissing his civil complaint and denying leave to amend the complaint. We reversible error. have July the record and find no Accordingly, we affirm for the reasons stated by the district court. (E.D. Va. reviewed 16, Smith v. Virginia, No. 3:08-cv-00800-REP 2009). 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 2

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