Summary
affirming district court's dismissal of case pursuant to § 1915(e)(B) where dismissal occurred prior to "service of summons"
Summary of this case from Bibbs v. Nat'l Park Serv.Opinion
No. 18-1990
12-26-2018
WELLINGTON DICKENS, III, Plaintiff - Appellant, v. WAKEMED HEALTH & HOSPITALS, INC.; WAKE COUNTY GOVERNMENT, Defendants - Appellees.
Wellington Dickens, III, Appellant Pro Se.
UNPUBLISHED
Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Louise W. Flanagan, District Judge. (5:18-cv-00001-FL) Before DIAZ and RICHARDSON, Circuit Judges, and TRAXLER, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Wellington Dickens, III, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM:
Wellington Dickens, III, appeals the district court's order accepting the recommendation of the magistrate judge and dismissing Dickens' complaint for failure to state a claim. On appeal, Dickens challenges only the district court's summary review and dismissal of his complaint without a jury trial or even service of summons. However, the district court acted properly and in accord with the dictates of 28 U.S.C. § 1915(e)(2)(B) (2012). See Jones v. Bock, 549 U.S. 199, 214 (2007) (describing history of § 1915(e)(2)(B)). Accordingly, we affirm the district court's ruling. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.
AFFIRMED