Sam Davis, III v. State of North Carolina, No. 09-7566 (4th Cir. 2009)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-7566 SAM FRANKLIN DAVIS, III, Plaintiff - Appellant, v. STATE OF NORTH CAROLINA; ROBERT ERWING, Attorney at Law; INA WEINMAN, Prosecutor; CANDI RENEE COOK, Victim, Defendants - Appellees. Appeal from the United States District Court for the Middle District of North Carolina, at Durham. Thomas David Schroeder, District Judge. (1:09-cv-00333-TDS-PTS) Submitted: October 20, 2009 Before TRAXLER, Chief Judge, HAMILTON, Senior Circuit Judge. Decided: NIEMEYER, October 27, 2009 Circuit Judge, and Affirmed by unpublished per curiam opinion. Sam Franklin Davis, III, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Sam Franklin Davis, III, appeals the district court s order accepting the recommendation of the magistrate judge and dismissing his 42 U.S.C. § 1983 (2006) complaint under 28 U.S.C. § 1915(e)(2)(B) (2006). reversible error. We have reviewed the record and find no Accordingly, we affirm for the reasons stated by the district court. Davis v. North Carolina, No. 1:09-cv- 00333-TDS-PTS (M.D.N.C. Aug. 11, 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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