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Malone v. Lewisburg, USP

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Mar 15, 2018
No. 17-2266 (4th Cir. Mar. 15, 2018)

Opinion

No. 17-2266

03-15-2018

MILREACE MALONE, Rickey Malone, Plaintiff - Appellant, v. LEWISBURG, USP; WARDEN, Regional Office of P.A.; DRESSLER, Mr.; HENDRICKS, Mr., Defendants - Appellees.

Milreace Malone, Appellant Pro Se.


UNPUBLISHED

Appeal from the United States District Court for the District of Maryland, at Baltimore. Ellen L. Hollander, District Judge. (1:17-cv-02471-ELH) Before NIEMEYER, KING, and WYNN, Circuit Judges. Affirmed by unpublished per curiam opinion. Milreace Malone, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Milreace Malone appeals the district court's order dismissing her civil action for failure to state a claim upon which relief may be granted pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) (2012). We have reviewed the record and find no reversible error. Accordingly, we grant Malone's motion to proceed in forma pauperis and affirm for the reasons stated by the district court. Malone v. Lewisburg, USP, No. 1:17-cv-02471-ELH (D. Md. filed Oct. 23, 2017 & entered Oct. 24, 2017). 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.

Although the district court dismissed the action without prejudice, the district court's order is final and appealable under Goode v. Cent. Va. Legal Aid Soc'y, Inc., 807 F.3d 619, 623 (4th Cir. 2015), and Martin v. Duffy, 858 F.3d 239, 247 (4th Cir. 2017) ("repeated, ineffective attempts at amendment suggest that further amendment of the complaint would be futile"). --------

AFFIRMED


Summaries of

Malone v. Lewisburg, USP

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Mar 15, 2018
No. 17-2266 (4th Cir. Mar. 15, 2018)
Case details for

Malone v. Lewisburg, USP

Case Details

Full title:MILREACE MALONE, Rickey Malone, Plaintiff - Appellant, v. LEWISBURG, USP…

Court:UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

Date published: Mar 15, 2018

Citations

No. 17-2266 (4th Cir. Mar. 15, 2018)