Joseph Bey v. State of North Carolina, No. 10-2210 (4th Cir. 2011)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-2210 JOSEPH K. CHRISTOPHER BEY, Plaintiff Appellant, v. STATE OF NORTH CAROLINA, collectively and jointly; THE GOVERNMENT OF THE STATE OF NORTH CAROLINA, collectively and jointly, by and through the Chief Executive of the State of North Carolina; J. KEITH CRISCO, in his official capacity as the Secretary of the North Carolina Department of Commerce; PAMELA THORPE YOUNG, in her official capacity as Chair and Commissioner of the North Carolina Industrial Commission; CHRISTOPHER SCOTT, in his official capacity as Commissioner of the North Carolina Industrial Commission; WANDA BLANCHE TAYLOR, in her official capacity as Chief Deputy Commissioner of the North Carolina Industrial Commission; JOHN B. DELUCA, in his official capacity as Deputy Commissioner of the North Carolina Industrial Commission; ERSKINE B. BOWLES, in his official capacity as President of the University of North Carolina; RANDY WOODSON, in his official capacity as Chancellor of the North Carolina State University; THOMAS H. STAFFORD, JR., in his official capacity; TIMOTHY R. LUCKADOO, in his official capacity as Associate Vice Chancellor for Student Affairs at North Carolina State University; TIMOTHY BLAIR, in his official capacity as Associate Director for University Housing at North Carolina State University; DAVID RAINER, in his official capacity as Staff in the Environmental Health and Public Safety Center at North Carolina State University; DAVID DROOZ, in his official capacity as Senior Associate General Counsel at North Carolina State University; DAHR JOSEPH TANOURY, in his official capacity as Assistant Attorney General in the Office of the Attorney General of North Carolina in the North Carolina Department of Justice; BEVERLY EAVES PERDUE, The Honorable, in her official capacity as the Governor of the State of North Carolina, Defendants Appellees. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Terrence W. Boyle, District Judge. (5:10-cv-00272-BO) Submitted: February 10, 2011 Decided: February 16, 2011 Before WILKINSON and DAVIS, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Joseph K. Christopher Bey, Appellant Pro Se. Norma Smithwick Harrell, NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. 2 PER CURIAM: Joseph K. Christopher Bey appeals the district court s order granting Defendants motion to dismiss his claims challenging the constitutionality of a North Carolina Industrial Commission pauperis on order, and appeal; has (ii) moved: to (i) expedite to his proceed appeal; in forma (iii) for injunctive relief to stay the state court proceedings pending his appeal; and (iv) for this court to waive the reproduction and binding requirements applicable to his motions. reviewed the record and find no reversible error. we affirm the district court s order. See We have Accordingly, Bey v. Carolina, No. 5:10-cv-00272-BO (E.D.N.C. Oct. 18, 2010). North We also deny Bey s application to proceed in forma pauperis and his motion for injunctive relief, and deny as moot his motions to expedite and to waive the reproduction and binding requirements. 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 3
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