Summary
granting motion to dismiss plaintiff's complaint that sought review of the North Carolina Industrial Commission's dismissal of his tort claim and denial of worker's compensation benefits as barred by Rooker-Feldman
Summary of this case from Barr v. N.C. Dep't of Pub. SafetyOpinion
No. 10-2210.
Submitted: February 10, 2011.
Decided: February 16, 2011.
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).
Joseph K. Christopher Bey, Appellant Pro Se. Norma Smithwick Harrell, North Carolina Department of Justice, Raleigh, North Carolina, for Appellees.
Before WILKINSON and DAVIS, Circuit Judges, and HAMILTON, Senior Circuit Judge.
Affirmed by unpublished PER CURIAM opinion.
Unpublished opinions are not binding precedent in this circuit.
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 order, and has moved: (i) to proceed in forma pauperis on appeal; (ii) to expedite his appeal; (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. We have reviewed the record and find no reversible error. Accordingly, we affirm the district court's order. See Bey v. North Carolina, No. 5:10-cv-00272-BO, 2010 WL 4117393 (E.D.N.C. Oct. 18, 2010). 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.