John Ballard v. Amy Phenix, No. 15-6329 (4th Cir. 2015)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-6329 JOHN MARVIN BALLARD, Plaintiff - Appellant, v. AMY PHENIX, Defendant - Appellee. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Malcolm J. Howard, Senior District Judge. (5:13-ct-03256-H) Submitted: May 21, 2015 Decided: May 27, 2015 Before MOTZ, KING, and WYNN, Circuit Judges. Affirmed as modified by unpublished per curiam opinion. John Marvin Ballard, Appellant Pro Se. Eric Patrick Edgerton, Francis Lachicotte Zemp, Jr., ROBERTS & STEVENS, PA, Asheville, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: John Marvin Ballard granting Defendant’s alleging claims of appeals motion libel, to the district dismiss slander, his diversity invasion of intentional infliction of emotional distress. the record and find no reversible error. court’s order action privacy, and We have reviewed Accordingly, although we modify the dismissal order to reflect that the dismissal is without prejudice, see S. Walk at Broadlands Homeowner’s Ass’n, Inc. v. OpenBand at Broadlands, LLC, 713 F.3d 175, 185 & n.4 (4th Cir. 2013), we affirm the dismissal as modified. v. Phenix, dispense No. with contentions are 5:13-ct-03256-H oral argument adequately (E.D.N.C. because presented in Feb. the the 3, facts Ballard 2015). We and legal materials before this court and argument would not aid the decisional process. AFFIRMED AS MODIFIED 2

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