Duane Montgomery v. United States of America, No. 16-6484 (4th Cir. 2016)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-6484 DUANE MONTGOMERY, Plaintiff – Appellant, v. UNITED STATES OF AMERICA; WAYNE COUNTY SHERIFF’S DEPARTMENT; UNITED STATES DEPARTMENT OF HOMELAND SECURITY; UNITED STATES DEPARTMENT OF JUSTICE; FEDERAL DEFENDER’S OFFICE; U.S. DISTRICT COURT, MI; STEPHEN J. MURPHY, III; CRAIG A. WEIER; S. PIERSON, Lieutenant; SPECIAL AGENT DONALDSON; SPECIAL AGENT ALLEN; AGENT TERRY; W. MALATINSKY, Clinical Director; CHAIRMAN; MEMBER; U.S. MARSHAL, Defendants - Appellees. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Malcolm J. Howard, Senior District Judge. (5:14-ct-03279-H) Submitted: July 21, 2016 Decided: July 22, 2016 Before SHEDD, AGEE, and WYNN, Circuit Judges. Affirmed by unpublished per curiam opinion. Duane Montgomery, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Duane Montgomery appeals the district court’s orders dismissing his civil action, denying his motions for entry of default and default judgment, and denying his motion to alter or amend judgment. We reversible error. have reviewed the record and find no Accordingly, we grant leave to proceed in forma pauperis and affirm for the reasons stated by the district court. Montgomery v. (E.D.N.C. Mar. Mar. 7, & United 31, States, 2016). No. We 5:14-ct-03279-H deny Montgomery’s motions for transcript at government expense. We dispense with oral contentions argument adequately because presented in the the facts and materials legal before this court are and argument would not aid the decisional process. AFFIRMED 2

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